The age of consent in Indiana plays a big role in how sex crime cases are handled and charged. In most situations, the legal age is 16, but there are important exceptions depending on who is involved and what kind of relationship exists.
If you are trying to make sense of the law, it helps to look at how the age of consent rules apply, where the gray areas show up, and how certain situations lead to criminal sex crime charges.
Indiana’s Base Age of Consent and What It Means Legally
In Indiana, the legal age of consent is 16. That means a person who is 16 or older can legally agree to sexual activity, but the law changes quickly when someone under 16 is involved. Under Ind. Code § 35-42-4-9, sexual conduct with a person younger than 16 may lead to serious charges, even if both people agreed to it at the time.
Age-Based Restrictions and the “Close-in-Age” Exemption
Indiana law does include a close-in-age exemption, often called a “Romeo and Juliet” law. This protection allows teens who are less than four years apart in age to have a consensual relationship without triggering criminal charges.
But this rule does not apply if the younger person is under 14, even if both parties are in high school or the relationship is ongoing.
Age of Consent Does Not Protect a Defendant From Rape Charges
The law also makes it clear that age alone does not make a relationship legal. If there is evidence of force, threats, drugs, or a significant power imbalance, prosecutors may still file rape charges, even if the younger person is 16 or older.
In some situations, consent may not be considered valid at all if the older person had authority over the younger one, like in a school or workplace setting. These cases can move fast, and every detail matters when your freedom and future are on the line.
Legal Exceptions and Situations Where Consent Does Not Apply
In some cases, even if someone says they gave consent, the law may not accept it. This comes up a lot in situations involving domestic violence, sexual battery, or a significant imbalance of power. Indiana law, including Ind. Code § 35-42-4-8 makes it clear that things like force, coercion, or certain relationships can override verbal agreement. Here are some situations where consent may not be considered valid:
- Use of force or threats
- Victim intoxication or unconsciousness
- Mentally disabled or incapacitated victim
- Teacher/student or coach/athlete relationships
- Custodial or parental authority
- Victim unable to communicate consent
- Prior domestic violence history
- Accusations made during a breakup
- Coercive tactics or implied pressure
Sex Offense Charges That Can Apply Based on Age and Consent Issues
In Indiana, some sex offense charges apply even if the person involved is over the age of consent. Under Ind. Code § 35-42-4-7, charges like child seduction and sexual misconduct can be filed when the accused holds a position of authority, such as a teacher, coach, guardian, or group home employee.
These cases often turn into sexual assault prosecutions when there is a question of power or coercion, and prosecutors may classify them as violent crimes regardless of how the relationship began. If you are facing charges in one of these situations, it is essential to know your rights.