July 4, 2025 | Criminal Defense

Consent Laws in Indianapolis, IN

Facing a criminal charge related to sexual activity can be life-changing. In Indianapolis and across Indiana, consent is central to many of these cases. As a result, learning about how the state defines and interprets consent is crucial, whether you’re building a defense or trying to avoid legal trouble in the first place.

Here’s what you need to know about consent laws in Indiana and how they might apply to situations involving sexual misconduct, assault, or other related charges.

Consent means that a person willingly agrees to engage in a sexual act; it must be freely given and clearly communicated. This means someone must understand what they’re agreeing to and have the mental and physical capacity to say yes or no.

It is not enough for someone to simply remain silent or fail to resist. The absence of a “no” is not the same as an enthusiastic, informed “yes.” If someone is forced, threatened, tricked, or incapable of understanding the situation, it’s not considered legal consent.

In Indiana, the legal age of consent is 16 years old. That means someone who is 16 or older can legally consent to sexual activity, but there are important exceptions.

If one party holds a position of trust or authority over the minor, such as a coach, teacher, or employer, then the age of consent may be raised to 18. This rule is meant to prevent adults from using power or influence to take advantage of younger individuals.

Having sex with someone under 16 is considered statutory rape in Indiana, even if the younger person agrees to it. The law views minors under that age as too young to legally give consent.

In certain situations, the law says a person cannot legally give consent, even if they appear to say “yes.”

Examples include when the person:

  • Is under the age of 16
  • Is intoxicated or under the influence of drugs
  • Has a mental disability that affects understanding
  • Is unconscious or asleep
  • Is coerced, threatened, or manipulated

Even if someone doesn’t say no, consent is not valid if any of these conditions exist. The law typically favors caution if there’s any doubt about the other person’s ability to consent.

Consent-related charges often come down to one person’s word against another’s. These cases can involve serious accusations such as sexual battery, rape, or child molestation. A misunderstanding or miscommunication can lead to arrest, loss of freedom, and permanent damage to your reputation.

Prosecutors don’t need physical evidence in every case. In fact, an alleged victim’s testimony alone can sometimes be enough to move forward. That is why it is essential to have a strong legal defense, which is of the utmost importance if you believe the act was consensual or if you were wrongly accused.

If you are being investigated or charged with a sex-related offense in Indianapolis, don’t wait to seek help. These cases are high-stakes and move quickly. A skilled Indianapolis criminal defense attorney can guide you through the legal process and build a defense based on the specifics of your situation.

Consent laws in Indiana are strict, and the consequences of getting it wrong can be severe. Whether the issue involves age, intoxication, coercion, or confusion, you deserve a fair and thorough legal defense.

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office for a free consultation.

Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599