Legally Defining Rape
Working Definition of Rape:
forced, unwanted intercourse; a violation of a person’s body; an act of violence
In the State of Indiana, rape is defined as:
“A person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when:
- the other person is compelled by force or imminent threat of force; or
- the other person is unaware that the sexual intercourse is occurring; or
- the other person is so mentally disabled or deficient that consent cannot be given.”
- Rape is a Class B felony. It is a Class A felony with the use of deadly force or weapon.
- Forced, unwanted oral or anal sex is also considered a criminal offense and is covered by other state laws.
Statute of Limitations in the state of Indiana:
A victim has the following time limitations in Indiana to file with the court an intention to pursue prosecution or litigation. The time frame begins at the time of the incident.
- Felony criminal case (rape): 5 years
- Misdemeanor or criminal case (sexual assault): 2 years
- Criminal deviate conduct (oral or anal rape): 5 years
- Civil litigation (rape or sexual assault): 2 years