Indiana’s laws regarding sexual assault

IC 35-42-4-1

• Rape, Class B felony: knowingly or intentionally having sexual intercourse with a member of the opposite sex when:
  
  (1) the other person is compelled by force or imminent threat of force;
  (2) the other person is unaware that the sexual intercourse is occurring; OR
  (3) the other person is so mentally disabled or deficient that consent* to sexual intercourse cannot be given.
  

* Indiana legal code does not define or elaborate on the meaning of “consent.”

IC 35-42-4-2

• Rape, Class A felony: Class B felony rape is a Class A felony when:
  
  (1) it is committed by using or threatening the use of deadly force;
  (2) it is committed while armed with a deadly weapon;
  (3) it results in serious bodily injury to a person other than a defendant; OR
  (4) the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
  

IC 35-42-4-2

• Criminal Deviate Conduct, Class B felony: knowingly or intentionally causing another person to perform or submit to deviate sexual conduct* when:
  
  (1) the other person is compelled by force or imminent threat of force;
  (2) the other person is unaware that the sexual intercourse is occurring; OR
  (3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given.

* Deviate sexual conduct, according to IC 35-41-1-9, is any act involving “(1) a sex organ of one person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.”

• Criminal Deviate Conduct, Class A felony: Class B felony Criminal Deviate Conduct is a Class A felony when:
  
  (1) it is committed by using or threatening the use of deadly force;
  (2) it is committed while armed with a deadly weapon;
  (3) it results in serious bodily injury to a person other than a defendant; OR
  (4) the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.

IC 35-42-4-8

• Sexual Battery, Class D felony: touching another person with intent to arouse or satisfy the sexual desires of oneself or someone else, when the person being touched is:
  
  (1) Compelled to submit to the touching by force or the imminent threat of force; OR
  (2) So mentally disabled or deficient that consent to the touching cannot be given.
• Sexual Battery, Class C felony: Class D felony Sexual Battery becomes a Class C felony when:
  
  (1) it is committed by using or threatening the use of deadly force;
  (2) it is committed while armed with a deadly weapon; OR
  (3) the commission of the offense is facilitated by furnishing the victim, without the victim’s knowledge, with a drug or a controlled substance or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.