Rape/Sexual Assault

[marlaw]

What is the name of your state (only U.S. law)? Indiana
Can a boy almost 18 be charged with rape for having sex with a 15 yr. old girl and can her parents sue him/his parents for civil damages separately from any criminal prosecution?

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana
Can a boy almost 18 be charged with rape for having sex with a 15 yr. old girl and can her parents sue him/his parents for civil damages separately from any criminal prosecution?

(Granted this is from Wiki, which is hardly the most trusted of sources..but still)

IC 35-42-4-9 states:

"A person at least 18 years of age who,with a child at least 14 years of age but less than 16 years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony" the offense increases to a Class B Felony if the defendant was of or above the age of 21 at the time or used threats, drugs or violence for the seduction.

The law allows the actor a defense to prosecution if the victim is currently or was previously marrieda, though this defense does not apply in the case of violence, threats or drugs.

The law also allows a defense if the actor is within 4 year of age of the younger person and the two were in an ongoing dating/romantic relationship.

It also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.

However the age limit rises to 18 if the actor is in a position of trust or authority over the minor according to IC35-42-4-7 which states "If a person who is at least 18 years of age; and is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or child care worker for; or a military recruiter who is attempting to enlist; a child at least 16 years of age but less than 18 years of age; engages with the child in sexual intercourse or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony."

 

[Isis1]

What is the name of your state (only U.S. law)? Indiana
Can a boy almost 18 be charged with rape for having sex with a 15 yr. old girl and can her parents sue him/his parents for civil damages separately from any criminal prosecution?

i googled and found this....

In Indiana, the age of sexual consent is 16. However, the law can only be violated by a person over the age of 18, as long as the victim is between the age of 14 and 16.

So, a 15-year-old and 17-year-old could legally have sex in Indiana, but if the older person were 18, it would be a crime.

Under Indiana law, it is always illegal for a person to have sex with someone under the age of 14.

If the perpetrator is over the age of 21, the crime is much more severe. Indiana law applies to conduct other than sexual intercourse, as well. The law is written in such broad language that almost any sexual contact could qualify as sexual misconduct with a minor.

The law in Indiana is gender-neutral, and it applies to both heterosexual and homosexual conduct.

i guess that 17 year old better be ready to zip his pants and walk away the split second he turns 18...huh?

 

[Proserpina]

*waving to Isis*

 

[Isis1]

*waving to Isis*

fast huh? just you wait...i'm going to rearrange your keys on Bob! and chuck too while i'm at it!

 

[marlaw]

Does age matter when the rape/sexual misconduct was forcible and non-consensual? Can this also possibly lead to civil/$$$ liability for emotional/physical damages payable by the boy and/or his parents/ins. co.?

 

[Proserpina]

Does age matter when the rape/sexual misconduct was forcible and non-consensual? Can this also possibly lead to civil/$$$ liability for emotional/physical damages payable by the boy and/or his parents/ins. co.?

Why don't you tell us what happened?

Help us help you.

 

[Isis1]

Why don't you tell us what happened?

Help us help you.

isn't it close to finals?

 

[Proserpina]

isn't it close to finals?

It's that time of year

http://www.lsac.org/JD/LSAT/test-dates-us-dec11.asp

 

[marlaw]

A boy who turns 18 in Dec. had forcible sex with a 15 yr. old girl (our daughter)at his home with his mother present in another room. The girl did not report the incident for a week, but has since filed a report with the Child Protective Services Office of Washington County. She was also taken to the Dr. to see if she was pregnant or contracted any STD. That appears to be negative. The boy has done this in the past with another 15 yr. old girl and has remarked about the incident to friends. We intend to file a complaint with the Police, but it looks like it may be a he/says/she/says case. The other girl appears unwilling to go forward with her incident at this time. We believe a crime was committed, but there may not be sufficient evidence to prosecute/convict. What would you do?

 

[Proserpina]

A boy who turns 18 in Dec. had forcible sex with a 15 yr. old girl (our daughter)at his home with his mother present in another room. The girl did not report the incident for a week, but has since filed a report with the Child Protective Services Office of Washington County. She was also taken to the Dr. to see if she was pregnant or contracted any STD. That appears to be negative. The boy has done this in the past with another 15 yr. old girl and has remarked about the incident to friends. We intend to file a complaint with the Police, but it looks like it may be a he/says/she/says case. The other girl appears unwilling to go forward with her incident at this time. We believe a crime was committed, but there may not be sufficient evidence to prosecute/convict. What would you do?

Please explain why you're not calling the police about a RAPE instead of taking the time and effort to register on an internet forum?

I'm sorry - what am I missing here? This is a no-brainer.

 

[marlaw]

I am mostly interested here in my question about civil liability. I think the girl should be paid for her damages, as well as have the offender prosecuted, but I have not heard of that kind of 2 edged approach in relation to a rape case. I also believe that the evidence may be too thin for a guilty verdict, so I am exploring the alternatives.

 

[Proserpina]

I am mostly interested here in my question about civil liability. I think the girl should be paid for her damages, as well as have the offender prosecuted, but I have not heard of that kind of 2 edged approach in relation to a rape case. I also believe that the evidence may be too thin for a guilty verdict, so I am exploring the alternatives.

"The girl" being your daughter?

This is homework.

And if it's not, your poor child needs better parents.

 

[startedone]

sounds like it was consensual; otherwise the cops would have cuffed him if they even had an inkling that is was not.

So I have side with the 17 yr old boy on this one.

 

[Isis1]

I am mostly interested here in my question about civil liability. I think the girl should be paid for her damages, as well as have the offender prosecuted, but I have not heard of that kind of 2 edged approach in relation to a rape case. I also believe that the evidence may be too thin for a guilty verdict, so I am exploring the alternatives.

If this is a true situation, you are a disgusting parent.

If this is homework, you are a very sick human being.