A sex crime charge may raise an important question: Did both people agree to the sexual activity? In Indiana, consent may help defend against some sex crime charges. However, the law depends on the type of charge, the ages and abilities of the people involved and the available evidence.
When consent may serve as a defense
In some cases involving adults, the defense may argue that both people agreed to the sexual activity. For example, text messages about a planned meeting may help explain what happened between them. However, a past relationship or an earlier agreement does not prove that someone agreed to a specific sexual act.
Indiana law also lists situations in which a person cannot legally consent. These may include cases involving force, threats, a lack of awareness or a mental condition that prevents a person from consenting. The law also covers situations in which someone ignores another person’s refusal. Consent generally cannot be used as a defense against child molesting charges.
What evidence can support a consent defense?
When the people involved disagree about consent, the defense may review different types of evidence. These records may help explain what happened and whether the accused person’s account matches the facts. Examples include:
- Text messages: Conversations before or after the encounter may provide context about the interaction.
- Witness statements: People who saw the individuals together or heard relevant conversations may offer details about the circumstances.
- Digital records: Call logs, photos and other records may help establish a timeline or clarify specific events.
- Conflicting accounts: Differences between statements may raise questions about particular details of the allegation.
However, no single piece of evidence proves consent on its own. An attorney can review the available records, check for differences in the accounts and assess whether the evidence supports a defense under Indiana law.
Building a defense around the facts
Consent-related defenses depend on the law and the facts of each case. If you face a sex crime charge in Fishers, the details of the allegation matter. Reviewing the evidence and applying the right laws may help build a defense and protect your rights as the case moves forward.