As a serious crime that carries a lifetime of consequences for those convicted, it is critical to understand what can and cannot send you to jail. The thought that someone could simply accuse you of rape when you did nothing wrong, seems absorbed and that law enforcement and later the courts would hold you accountable seems impossible. Can you be charged with rape in Indiana without physical evidence? The short answer is yes. Consider some of the factors that could play a role in whether this can happen and what the outcome could be with the help of an Indianapolis rape defense lawyer.
The Police Believe You Met the Requirements of the Law
One of the most important factors in charging a person with rape is demonstrating the defendant meet the requirements set by the Indiana rape statute. Under Indiana Code § 35-42-4-1, the law requires that law enforcement determine that the following occurred. Rape applies when a person knowingly or intentionally engages in sexual intercourse or makes any other person engage in sexual conduct when the following are applicable:
- The other party is compelled by force or the threat of imminent force to do so
- The other party is unaware that the sexual intercourse or sexual conduct is occurring
- The other party cannot give consent due to mental disability or deficiency
If for any reason, the police believe that your actions align with these types of actions, they can charge you with rape. Keep in mind that being charged with rape is not the same as being convicted, but it does warrant taking immediate action in your case to begin defending yourself from accusations. Protect yourself from these charges even if you believe no evidence supports such a claim.
The State Law Considered Witness Testimony Evidence
Under the law, a person can be charged and convicted of a crime if there is evidence to substantiate the claim. However, this makes this more challenging under Indiana law because the state considers witness testimony direct evidence. That means that it is considered accurate evidence proving the incident occurred.
What this means to you, as a person accused of a crime, is that the words of another person can be used against you, and accusations can ultimately lead to charges even if there is no corroborating evidence available that would substantiate those claims. There does not have to be other evidence in this case to prove that you are, in fact, at fault.
From the victim’s side, it is clear that this type of law seems to make sense. They may not have any video or statements from witnesses to back up the claim. Yet, as the person who knows they were not engaged in such a situation, the fact that someone else’s statement could change your future is very worrisome.
The Police Believe the Victim’s Statement for Some Reason
It is important to note that most police departments understand that a person is considered innocent until proven guilty. Most law enforcement departments will take the time to break down these claims and try to demonstrate why they are factual. In other words, the police will likely look for a reason to believe the supposed victim. The problem is that they want to find ways to show the victim is right and may not take steps to find evidence that demonstrates their statements are inaccurate.
Police may take the time to gather more information and investigate the case. If they find no reason not to trust the person making the claim, that could be enough to encourage the police to file charges. If they find that you were with the person or there is any shred of evidence that demonstrates that sexual intercourse took place, they may pursue charges. The key to remember here, as the victim, is that information can be misconstrued, and since the police automatically seem to support the victim, there is a long and hard uphill battle for you to take.
Contacting an attorney immediately is a good idea if you are accused of a crime. Do not wait for charges to be filed, even though you believe there is nothing the law can do to convict you, because they have no evidence. Remember that an accusation is evidence under Indiana law and can be used as enough reason to charge you.
For Some Reason, the Police Did Not Believe You
You could be charged with rape in Indiana without physical evidence if the police believe the victim and, even more importantly, they have reason not to believe you. That may seem contradictory to the belief under US Constitutional law that victims are innocent until proven guilty. Still, it can be a real factor in many cases. Some of the reasons that law enforcement may not believe you and therefore may decide to pursue charges include:
- Mistakes in your statement or instances in which you change what you said happened. These types of changes and adjustments can make you seem as if you are guilty of something.
- Your words and actions, including statements in text messages or statements you make to law enforcement during a period of questioning. They may believe that you used statements that implied or could have been guilty.
- The information and data found online, including on social media, demonstrate what they believe happened.
These are just some examples of what may be used against you in such a case. However, there are many more potential reasons the police may take action. What you do, say, express, imply, or even deny can all be used to determine if you are at fault. The police do not need physical evidence of sexual assault or rape to charge you with it.
You Do Have the Right to Fight in Court
Keep in mind that being charged with rape in Indiana without physical evidence does not mean you are convicted of it. With the help of a skilled and experienced attorney, you will be able to demonstrate why you are not at fault, depending on the evidence available, and put holes in the story of the victim. This can help demonstrate that, even though you were accused and charged, you do not deserve to be convicted. The key here is to hire a criminal defense attorney capable of helping you build a strong case, and it all starts at a consultation.