Wednesday April 23, 2014
Age of Consent Questions for Indiana
Q&A on statutory rape laws, age of consent laws, sexual assault laws for Indiana. Ask your Question
If a 16 year old high school dropout has her 30 year old illegal immigrant boyfriend living with her and her mom, and her mom (who has a history of mental disease) is completely ok and knowlagable about the relationship, can any legal actions be taken? The girl has no diagnosed mental disease beyond depression. Please respond quickly I really want to help my friend.
Yes, someone should report this to authorities or to the Department of family services as soon as possible. They will open an investigation and the mother should receive some assistance. It should be noted, however, that the age of consent in Indiana is 16. The 30 year old may not be charged with a criminal sex crime, however it may motivate him to change the living arrangement.
I know a 14 year old girl who is apparently pregnant by a 17 year old. My question is..Can either of them be prosecuted?...if so, on what charges and what kind of punishment could be involved?
In the State of Indiana, the age of consent is 16. The 17 year old violated the law having sex with a 14 year old who is not capable of "legally" consenting to a sexual act. The 14 year old would be considered the "victim" in this matter if anything were to come of it. The 17 year old may be charged with a violation and sent to juvenile court. There is no way of knowing what type of punishment, if any, a family court jugde might recommend. Depending on the status of the pregnancy and the options being considered, often, the gravety of the situation becomes clear in educating both minors on custody issues, child support, and parenthood; this may be where the court directs all it's attention. It is difficult to say.
If a 12 year old girl gives oral sex to a 16 year old male with herpes whats the laws if any?
This should be reported to authorities immediately. There will be medical treatment and counseling necessary for both children. The adult legal system has several laws that could apply to this situation. Many of these laws apply to juveniles; however, our legal system deals with juveniles in a different manner than adults. In the state of Indiana, the 16 year old is legally of an age to consent to sexual activity. The 12 year old is far below the legal age and is a victim in this situation. Legally a 12 year old is not capable of consenting to sexual contact which means anyone (including the 16 year old) perpetrating, coercing, enticing, or encouraging a 12 year old to perform a sexual act is in violation of state law. If the 16 year old has herpes, it is apparent he has been sexually active previously. please visit www.herpes.com for information on Herpes simplex 1 and 2. The 16 year old will likely be dealt with legally through family services and the juvenile court system. There is a "possibility" if he is a repeat offender, that a judge could recommended he face charges as an adult. The 12 year old "may" be eligible for some type of victims benefits or assistance toward her counseling and any medical treatment she may require if she has contracted the herpes virus. Please check with the authorities or Indiana Family & Social Services Administration Herpes is a sexually transmitted disease that as of yet, has no cure. It is possible to contract this disease through oral sex. There is a public health concern with this disease and educational therapy about the disease is necessary for the 16 year old in order to prevent spreading it to other people. If the 12 year has contracted herpes, it will be necessary for her to receive proper education on this as well. Receiving legal counsel from a licensed attorney is highly recommended for the parents of both children.
Is it statutory rape if one is 17 years old and the other is 13 years old?
Yes. Ultimately it would be up to a family court judge to determine whether the 17 year old would be charged as an adult or a juvenile; but either way this is considered a violation of the Indiana state laws. For a complete list of the sexual offense laws in Indian please see Indian State legislature - Indian Code (IC 35-42-4 Chapter 4 Sex Crimes)
My brother who is 31 is dating a girl from South Carolina who is 17 - he visits her a couple times a month. I have told him he is asking for trouble, he says the age of consent is 16 and it's ok. Who is right?
The age of consent in South Carolina is 16. The 31 year old does not appear to be violating current statutory rape laws in South Carolina; however, the 17 year old is still a minor under the legal authority of her parents. If the parents were so inclined, there are other measures her parents could take legally to prevent this activity and he could be arrested for other violations in the process.
What is the length of time the transferer of an STD can be prosecuted?
I am sorry; The answer to this would depend on many factors and details. Without knowing any details, (type of STD, date of report to Indiana State Health Department, etc... it would be impossible to answer this qestion responsibly. The link below should take you to the Indiana State Department of Health to a page with information on STD's. www.in.gov Please also consider contacting the National STD Hotline 1-800-342-2437 (CDCP) Center for Desease Control and Prevention. HIV Services Advisory Board Liaison Serina Kelly Indiana Statewide HIV Consumer Advisory Board Program 2 North Meridian Street, 6-C Indianapolis, Indiana 46204 Telephone: 317-233-7744 or Toll Free Services Line at 1-866-588-4948 Fax: 317-233-7663
My daughter is 13 and had sex with brother's friend who was spending the weekend. He is 17. What are the laws covering this? Both sets of parents are involved and very concerned
Because your daughter is under 14, he would have committed a Class B felony, and could spend 6 years or more in prison.
IN Age of Consent is 16