Consent Laws of Indiana
In order to understand Indiana Consent Laws, it is first essential to know what consent laws are and why they are so important in today’s legal setting. Essentially, consent laws act as a legal framework of how individuals obtain permission to take some kind of action that will affect another person. In our society, consent is obtained by a variety of means such as contracts, enacting legislation, signing documents , and various other forms of verbal or written agreement. One of the most common examples of consent laws is in the healthcare industry. This is where a patient needs another person to provide permission on their behalf to take some kind of medical action. The communication between a doctor and patient is key to determining whether or not the patient has provided adequate consent to the action. Consent can be complex and nuanced depending on the context. This is why the law steps in to create a system where obtaining consent is codified based on the specific situation and jurisdiction. The process of giving consent is inherently tied to state law practice. This is one of the reasons why Indiana consent laws may be different from what you might find in other states like California or Texas. Indiana is a Common Law state, which is similar to the federal system – laws are codified and enforced by the statutory law as interpreted by courts and judges.
Indiana’s Age of Consent
The legal age of consent in Indiana is defined by statute at IC 35-42-4-9. "Sexual intercourse" means an act that includes penetration, however slight, by a person or an inanimate object, of the sex organ, anus, or mouth of another person. A person commits sexual misconduct if he or she knowingly or intentionally has sexual intercourse with a child who is at least fourteen (14) years of age but less than sixteen (16) years of age or a mentally handicapped person without knowing or having reasonable cause to know that the child or mentally handicapped person is at least fourteen (14) years of age but less than sixteen (16) years of age.
Theoretically, sexual activity between two people will not be a crime if the younger person has reached age sixteen. However, that is simplistic. For example, an adult could still violate IC 35-42-4-9 if the activity was involved with a person who is a "child" as defined by statute.
For example, the following situation was found by my firm: a person (referred to as Bob below) was charged with sexual misconduct with a minor. The facts were that a girl had met Bob at a public place and began visiting him at his residence after speaking briefly in the parking lot. It had been discovered that the girl was fourteen years old, and the client was charged. In this case, the girl had lied about her age, which the client did not know. Nevertheless, the potential defense of this case was lost at the emergency hearing because Bob was unable to testify regarding the facts at issue. Bob had met the girl late one evening and the police arrived in the morning when I arrived at the jail. Bob had not slept at night and was extremely tired. Despite the urging of Bob’s family, Bob was not released on bail at the emergency hearing because it was argued that the incident could be repeated, and was a high risk for the community.
Under these circumstances, Bob was released from jail after some time, and found a lawyer. The facts of this case are that the girl had lied about her age and said she was eighteen years old when she was charged. In fact, her true age was fourteen years old. If a defendant in this type of case consumer a sex offender treatment program it will only "work" if you do not have any actual sexual contact. Please note that there can be a civil penalty associated with this charge. Based upon the nature of the case, the defendant may be required to register as a sex offender, which is discretionary by the prosecutor.
Sexual Consent Under the Law
Sexual consent laws in Indiana are primarily found in the state’s criminal code. The criminal code defines what constitutes sexual assault, domestic violence, and other forms of predatory behavior that are illegal if consent is not properly obtained and properly enacted. Consent does not always mean definite agreement between two parties—there are many gray areas in the law that can throw legal and personal arguments into a tizzy.
Recent updates to the Indiana Code make it strongly advisable that any parties who are unsure as to whether or not an encounter with another person constituted sexual consent or not to get in touch with an attorney as soon as possible so they can begin building a defense.
Indiana law does not specify a uniform age of legal consent, but delves into the issue in terms of both gender and sexual orientation. The state code defines statutory rape as sex with a person who is less than 17 years old, and regardless of sexual orientation, the law states that any person who either is at least 18 and has intercourse with a child who is less than 16, or is at least 21 and has intercourse with a child who is less than 17, is guilty of a Level 4 felony. With recent changes to laws about same-sex marriage in Indiana, the ages for legal consent and statutory rape only apply regardless of sexual orientation.
No matter the age of the people involved, the public must have been made aware of the fact that one of them is the victim of sexual violence for this crime to be pursued in a court of law. Vulnerability is the key here, as prosecutors would have to convince a judge and jury that the victim was especially vulnerable and therefore unable to give legal consent to the sexual act.
Indiana Code 35-42-4-8 describes a sexual act as one in which "a person engages in sexual intercourse or deviate sexual conduct with another person or with inanimate object with the intent to arouse or satisfy the sexual desires of either person." Sexual intercourse is described in Indiana as an act where "a male penetrates a woman’s vagina or anus with his penis and, if the woman is a child under 16 years of age, regardless of whether the person is married, or engages in contact with a child or forcible fondling," including fondling where there is no penetration.
Of course, these laws are not easy to apply to every situation. There are many complications to these law, and the ways those complications are enforced vary widely from case to case. This is why you must consult with an attorney who specializes in sexual assault and consent if you have any reason to believe that an encounter with another person may be coming under scrutiny for being illegal because proper consent was not obtained.
Minor Medical Consent in Indiana
For the most part, a minor in Indiana cannot provide consent to medical treatment or procedures. A patient is a "minor" in Indiana if he or she is younger than 18 years old. However, in some circumstances, a minor can consent to medical treatment without a parent’s involvement. In addition, some requirements differ based upon the nature of the treatment.
Emergency Situations
A health care provider, acting in good faith, may provide treatment to a minor patient without consent when an emergency exists. For example, if someone under 18 years old presents at a hospital or urgent care with a broken leg, it is not practicable to contact a parent. Thus, in an effort to tend to medical needs and obtain payment for those services, a medical facility may attempt to bill a parent after the fact.
The Indiana Department of Insurance states, "Medical consent can sometimes be difficult to obtain when the patient is an adult or a minor who is unconscious and/or undergoing an emergency by-pass surgery. Hospitals and other health care providers will insist upon written consent to treatment from a patient or a representative who is legally authorized to make decisions pertaining to that patient’s medical care. If such consent cannot be obtained in a timely manner , physicians and other health care providers may provide treatment to a patient without his…her express consent because of the emergency situation."
Pregnancy and Sexual or Substance-Related Issues
Under Indiana Code § 31-34-1-3, a minor can consent to medical treatment for the minor’s diagnosis of pregnancy. Similarly, a minor can consent to medical treatment for substance abuse or if the minor has had sexual intercourse.
Testing for Certain Sexually Transmitted Infections
In Indiana, a minor can consent to medical treatment for testing and treatment of sexually transmitted infections, including HIV.
Mental Health Services
Indiana a minor 14 years old or older can consent to mental health treatment on his or her own behalf. (However, a minor cannot consent to electroshock therapy or major surger unless consent is signed by the minor’s parent or guardian.)
Other Exceptions
A minor patient can consent to medical treatment in additional circumstances including:
Consent Law Violations & Legal Repercussions
Violations of Indiana criminal consent laws can have serious legal consequences for perpetrators. Under Indiana Code 35-42-4-1.5(a), a person who "knowingly or intentionally" engages in sexual conduct with another individual without consent commits a Level 6 felony offense. The statute continues to specify that: (b) a person who, knowingly or intentionally, in a manner other than by use of force or the threat of force, engages in other sexual conduct with a person, not the spouse of the person engaged in sexual conduct, commits a Level 6 felony. The maximum punishment for a Level 6 felony is 30 months in prison and a fine of up to $10,000.
The statutory canon for the consent of sexual conduct provides the opportunity, therefore, for the defendant to deny that the sexual conduct was conducted knowingly or intentionally or to argue that the sexual conduct was "other than by use of force or the threat of force."
Indeed, the case law on Indiana sex crimes is thin concerning unconsented sexual conduct due to the serious problems posed by the victim’s testimony, which may often be less than reliable due to the victim’s claimed trauma. Trial court rulings, however, have held firm that the victim’s credibility should not be assessed solely on the basis of the victim’s mental state.
For example, in Allen v. State, decided by the Court of Appeals of Indiana in February of 2019, Leonard Allen was charged with Level 6 felony counts of battery and sexual battery. The trial court overruled Allen’s motion for a directed verdict, meaning that the court let the trial continue and the case decide whether the defendant was guilty on the evidence presented at trial. The Court of Appeals affirmed the trial court’s decision, holding that there was sufficient evidence to support the convictions.
Allen testified at trial that the victim had asked him for a massage because she liked massages and because she was unable to/would be unable to stand the day after having been out in a cold rain. During the massage, according to the defendant, the victim moved her hands to his thigh, which the defendant pushed away, and the victim then moved her hands to the defendant’s private parts. This he pushed away but, this time, the defendant admit to squeezing the victim’s buttocks. The defendant testified that they argued about his actions then went to sleep with no further incident.
Testimony by the victim was that the defendant began to rub her leg, which at first felt ok to her. Later, however, the defendant touched her or rubbed her leg in a manner that caused her discomfort, so she pulled away. Again, the defendant began rubbing her legs, apparently without permission, and again, the victim pulled away. The defendant then became angry and threatened to kick her out of the house, so the victim offered to go to his room to talk.
Once in the bedroom, the defendant flipped the victim onto the bed and got on top of her, threatening to "rape" her if she did not "wet his [private] part[s]." At that point, the victim began crying and stated that the defendant touched her private parts until he "came."
The Court of Appeals found that, taking into account the fact that consent is an affirmative defense to a violation of Indiana criminal consent law, it was not unreasonable for the jury to find against the defendant. The Court reiterated that the credibility of a witness is for the jury to decide, and the testimony of a victim may not be unreasonably discounted because of the victim’s mental state or injuries. Testimony offered on these two subjects may be factored in by the jury when examining the defendant’s credibility, but it will not, by itself, be enough to persuade the jury.
The fact scenario related to Allen’s case demonstrates the existence of an issue with consent and the necessity for victims to participate in the assertion of consent through conduct in order to assert their right to proceed with their allegations.
Legal Assistance & Resources
For those seeking legal assistance or more in-depth information about Indiana consent laws or who may have unique questions or concerns, there are various resources available.
Árbol Legal is a family law practice that actively advocates for clients in need of legal guidance and representation. They can help navigate the complex issues surrounding consent laws in the context of family law. The Indiana State Bar Association is a local branch of the American Bar Association that can point residents toward a qualified attorney . The ISBA can help those looking for legal counsel and can also provide consumers with valuable legal information and information about lawyers in their area. Indiana Legal Services offers free civil legal help to low-income Hoosiers. They provide a library of self-help information and local offices that can assist with non-criminal issues like these. The American Bar Association provides a lawyer referral service where residents can get help finding a local attorney to consult on their case. They also have a library of legal articles and resources as well as guides for finding free or reduced-cost legal aid.