Sex Crime Attorney in Elkhart, Indiana
If you’re facing a sex crime charge, your future is on the line. A sex crime conviction comes with serious and long-term effects on a person’s life. Sex offenders who are found guilty are punished with lengthy or life-long prison sentences, fines, and other forms of criminal penalties.
If you have been wrongly accused of a sex crime such as rape, child molestation, sexual assault, or cyber sex crimes, strong legal representation by a credible Elkhart sex crime attorney is essential. At Wilson & Kinsman LLC, we use our decades of knowledge and experience in criminal defense to protect your name, fight for your rights, and reclaim your life.
To learn more about your potential sex crime defense options, call our law firm now and schedule an initial consultation.
What is a Sex Crime?
Sex crimes arise from circumstances when a sexual act is committed violently and offensively against the other party involved. Generally, it occurs when there is a lack of consent by one party to the sexual act or when someone engages in sex with an individual who is legally incapable of consent, such as a child. There are both federal and state laws defining these crimes and their punishments. A knowledgeable sex crime attorney in Elkhart can give you an overview of sex crimes and how to defend yourself against these criminal charges.
A sex crime conviction can be devastating to an individual and his or her family. The consequences of being charged, prosecuted, or convicted of sex crimes are significant and can last a lifetime. People with a prior sex crime conviction find it difficult to live a normal life. They often experience problems in finding a place to live, looking for a job, and even protecting their child custody and visitation rights. In some cases, lives have been ruined as a result of false accusations.
Why Is It Necessary to Expunge Indiana Records?
Any act that has a sexual motive is considered a “sex crime”. In Indiana, it is a crime to engage in sexual conduct by force or when the victim is unable to consent. It is a broad category that encompasses a variety of offenses involving sexual conduct committed against someone else. A skilled Indiana sex crime attorney can help you understand the different types of sex crimes.
Sexual assault is a general category of offense that involves any type of sexual act done without the consent of the victim. It refers to any type of unwanted sexual contact or touching, ranging from assault and battery to attempted rape. Sexual assault can cause significant trauma and disrupt your physical and emotional health.
Rape is one of the most serious criminal offenses that can be perpetrated. It refers to a violent act of sexual intercourse with an unwilling participant or someone unable to consent. It happens when a person uses their penis without consent to penetrate the vagina, mouth, or anus of another person. There are a few different types of rape with different consequences and levels of severity. Rape is one of the most commonly charged sex crimes in Indiana and the penalties may range from three to forty years in prison and thousands of dollars in fines.
This type of sex crime occurs when a person is engaged in sexual activity with a minor below the legal age of consent (18 years old) but above the age of a child (14 years old). Statutory rape charges can be filed regardless of whether or not the sexual act is consensual. This is based on the notion that a minor cannot consent to sexual activity because of a lack of maturity and judgment to make a choice.
Sex trafficking is a crime when a person is forcefully involved in commercial sex acts. It refers to knowingly selling a person to participate in sexual activity. Sex traffickers target victims and then use lies, violence, false promises, threats, and other forms of manipulation to keep victims involved in the sex industry for their profit.
Child Molestation and Sexual Conduct with a Minor
This act is a sex offense that involves a range of indecent sexual conduct involving a child. Child molestation is a crime that involves any sexual contact or exploitation of a person under the age of 15. The term “sexual contact,” means the touching, fondling, or manipulating of the genitals or anus. If you intentionally perform sexual intercourse or other sexual conduct with a minor under 14 years old, you will be charged with a level 3 felony.
Possession, production, or distribution of any form of pornographic material involving children or minors under the age of 18 is considered illegal. Images can include actual photographs, video footage, drawings, or images created digitally. You can be punished with either state or federal charges for child pornography, depending on the details of the crime.
What are the Possible Defenses to Sex Crime Charges?
Sex offense charges are usually based on the allegations or testimony of the alleged victim. In these cases, the defense can use a variety of strategies to counter a sex crime charge. A qualified Indiana sex crime lawyer can investigate your case and develop defense strategies that could reduce the charges or even convince the court to dismiss the criminal case.
In a sexual assault case, the most basic defense is a claim of actual innocence. A defendant may argue that they could not have committed the sex crime because they were in a different location at the time the incident took place. The prosecution will carry the burden of proving that the defendant is guilty beyond a reasonable doubt.
Furthermore, one of the most commonly used defenses to accusations of a sex crime is that the sexual activity that took place was consensual. In some cases, an individual may have participated in consensual sex, and out of regret, the alleged victim will claim that he or she was sexually assaulted. However, proving consent can be both difficult and even controversial for the defendant.
In addition, another possible defense against a sex crime charge is that the victim has mistakenly identified the wrong person as the offender. In this case, the defendant must have a strong alibi for the time the sexual offense took place to prove the false accusation made by the alleged victim.
Defendants in a sexual assault case can sometimes claim that they had a mental disease or defect at the time of the crime that should remove criminal liability for their actions.
Speak to our Experienced Elkhart Criminal Defense Attorney Now!
Sexual assault charges have serious consequences. A sex crime conviction can result in severe penalties including hefty fines, years in state prison, public humiliation, and being labeled as a sex offender. Just the accusation of a sex crime can destroy reputations.
If you have been accused of committing a sex crime, it is highly advisable to seek legal help from our competent Elkhart sex crime attorneys at Wilson & Kinsman LLC. Our criminal defense law firm will thoroughly investigate the sex crime charges against you and gather evidence to support your defense. We will help you identify the best course of action, including reviewing possible defenses and seeking less harsh penalties.