What Is the Age of Consent in Indiana?
States in the U.S. have what is called the “age of consent.” The age of consent varies from one state to another, meaning that the age of consent in one state is not necessarily the age of consent in another state. Understanding the age of consent in your state is vital, as violating the law and being in a sexual relationship with someone who is under the age of consent can result in severe consequences. In this article, we discuss the age of consent in Indiana.
What Is the Meaning of Consent and Age of Consent?
Consent is the voluntary permission a person gives to participate in a particular activity or allow something to happen. In the context of sexual activity, consent is voluntary permission given by a person to participate in sexual behavior. Consent must be given freely and willingly without coercion, intimidation, or manipulation. It must be clear, mutual, and ongoing throughout the encounter.
On the other hand, in the context of sexual activity, the “age of consent” is the legal age at which an individual is considered capable of giving consent to engage in sexual activity. Age of consent laws are in place to protect minors from abuse and exploitation. These laws determine the legal age at which a person can consent to sexual activity, regardless of the other person’s age.
If a person is incapable of giving consent due to their age, any sexual activity with them may constitute a crime.
What Is the Age of Consent in Indiana?
The age of consent in Indiana is 16 years. This means that people aged at least 16 years can legally engage in sexual activity with other people who are at least 16 years old. In Indiana, a person below the age of 16 cannot legally consent to sexual activity. Even if both parties agree to engage in sexual activity, it is illegal for an adult to engage in sexual activity with someone who is below the age of 16. The age of consent in Indiana is codified in Indiana Code 35-42-4-9.
Statutory Rape
Statutory rape is a term formally used to describe consensual sexual activity between an adult, and a person under the age of consent. In Indiana, this behavior is considered a serious crime. Because it is still a crime as a person below the age of 16 cannot legally consent to sexual activity.
Several offenses fall under the statutory rape statute, including the following;
- Sexual misconduct with a minor
- Child molestation
- Child seduction
- Vicarious sexual gratification
- Child exploitation
- Child solicitation
Romeo and Juliet Exception and the Close-In-Age (CIA) Exemption for Teenagers
There is a “Romeo and Juliet” exception in Indiana when it comes to the age of consent laws. This exception protects young people in close age relationships. A person can have consensual sex with someone aged 14 or 15 if some conditions are met, including the presence of a personal or dating relationship, an age gap of not more than four years, and the absence of coercion.
In addition to the above exception, the close-in-age (CIA) exemption allows teenagers over the age of 14 and under 18 to have consensual relationships if they are within four years of age. This law recognizes that sometimes relationships happen between teenagers who are almost the same age.
Legal Help Is Available
If you are accused of violating age of consent laws in Indiana, our skilled Indianapolis criminal defense lawyers at Rigney Law LLC can provide the representation you need to protect your rights and achieve the best possible outcome.
