Indiana is one of many states that doesn’t put a strict time limit, or statute of limitations, on child molestation offenses. That means you can report an incident involving sexual abuse against a child many years` after it occurred, and it’s possible the perpetrator can still be charged with a crime for it. However, the alleged victim must be under 31 years of age when they report the crime.
If you’re considering reporting a child molestation offense to authorities or pursuing a civil lawsuit for an incident that happened a long time ago, you should understand how statutes of limitations work. You should also know what Indiana considers a crime of child molestation, what the potential consequences for offenders are, and who exactly can be held liable for a child molestation incident.
Indiana law and child molestation
Child molestation can be a Level 1, 2, 3, or 4 felony in Indiana depending on the severity of the crime and the circumstances of the offense.
The law defines child molestation as knowingly or intentionally performing or submitting to sexual intercourse or other sexual conduct with a child under 14 years of age. This offense is a Level 3 felony.
However, it’s a Level 1 felony if it meets at least one of the following criteria:
- Committed by a person at least 21 years of age
- Committed by using or threatening to use deadly force or while armed with a deadly weapon
- Results in serious bodily injury
- The victim is given a drug or controlled substance (with or without their knowledge) in order to commit the offense, or the perpetrator knew the victim had already taken a drug or controlled substance before committing the offense
- Results in a serious sexually transmitted disease, which the perpetrator knew they were infected with
Child molestation is a Level 4 felony when there’s fondling or touching of either the child or older person with intent to arouse or satisfy sexual desires of either party. It becomes a Level 2 felony, however, if it’s:
- Committed with the use or threat of deadly force
- Committed while armed with a deadly weapon
- Committed after giving the victim drugs or controlled substances, or knowing that the victim is under the influence of drugs or controlled substances
In order for a crime to be prosecuted as child molestation in Indiana, it must meet these definitions and requirements.
Statute of limitations for child molestation in Indiana
Depending on the circumstances of the case, a child molestation case can be reported up until the alleged victim is 31 years old in order for the state to still prosecute. In other instances, the statute of limitations might be 10 years. Most offenses, whether civil or criminal, have a sort of “expiration date,” meaning you can’t take legal action after a certain number of years has passed.
For example, most criminal felonies in Indiana have a statute of limitations of five years and misdemeanors usually have two years. Personal injury claims, which are civil cases, have a two-year statute of limitations in Indiana.
The state of Indiana generally wants to encourage people to report incidents of child sexual abuse; that’s why this particular crime has a longer statute of limitations than most others. There’s even a bill in the Indiana legislature that proposes ending the statute of limitations totally for child molestation cases.
Consequences for child molestation in Indiana
The consequences for a criminal conviction of child molestation in Indiana range from 2-50 years in prison and up to $10,000 in fines. Offenders can also be charged with more than one count of a crime too, which can add more years to a prison sentence and more money to their fines.
Anyone convicted of child molestation in Indiana must also register as a sex offender. Being on this list restricts employment, housing, parental rights, and more.
Someone who’s committed child molestation can also be sued for damages in civil court. The amount of damages that a victim can recover, whether via a settlement or court order, can vary widely. If you want to pursue civil action against someone for child molestation, you should work with an attorney so you have better chances of recovering damages.
Child sexual abuse: Criminal prosecution vs. civil lawsuits
Child molestation is a crime in Indiana, meaning that the prosecutor’s office can press charges against someone accused of it. The person will face a criminal trial and will either be found guilty or cleared of those charges; if they’re convicted, they face prison time and fines.
However, you can also file a civil lawsuit for child molestation. These cases aren’t focused on finding guilt or innocence, but on the rights and responsibilities of those involved. In a civil lawsuit, the victim might seek compensation for injuries or trauma — but that compensation doesn’t always come from the alleged perpetrator. It could come from other responsible parties or entities.
If you report someone for child molestation to the authorities, you aren’t responsible for building a criminal case against them. That’s the state’s job. However, if you want to seek compensation for a child molestation incident, it will be up to you (and your attorney) to build a civil case.
Liability for child molestation lawsuits
In civil lawsuits, multiple parties or entities could be held liable for child molestation, not just an individual. Remember that in a civil case, the focus is on finding who or what was responsible for the injuries, trauma, or suffering of the child.
For example, schools and youth organizations have a responsibility to protect the children in their care. If a school is aware of potential risks of abuse or should have been and then failed to protect a child from sexual abuse, it could be held liable for the child’s pain and suffering.
Holding a school liable doesn’t mean that the school will be criminally charged; it means that the school may be forced to pay the child’s family compensation.
Individuals can be held liable for child molestation even if they weren’t the one who perpetrated the act. An adult who has a duty to protect a child and fails to remove them from harm’s way may be held liable in a child molestation lawsuit as well.
Who can you sue for child molestation in Indiana?
Some examples of the entities and individuals that could be held liable in a child molestation lawsuit are:
- Schools and educational institutions
- Daycares
- Youth organizations like Boy Scouts or Girl Scouts
- Leaders at youth camps and programs
- Pastors or members of the clergy
- Religious institutions
- Employers and places of business
- Teachers, coaches, or trainers
- Hospitals, clinics, or medical networks
It’s important to analyze the incident thoroughly to identify all possible responsible parties for the sexual molestation. Since it’s an extremely serious case, it’s crucial to ask for the assistance of an Indiana personal injury attorney.
Typical compensation from a child molestation lawsuit
No amount of money can erase the suffering of a sexually abused child. Getting fair compensation can be an important step toward recovery, however, as it can help pay for medical expenses, counseling, and other vital support services.
When your attorney seeks compensation in your case, they base the number on a careful calculation of all the damages the victim has suffered. These damages could include:
- Long-term therapy
- Medical bills
- Psychological suffering
- Legal costs of pursuing a child molestation lawsuit
- Punitive damages to deter the perpetrator in the future
The court may also order the perpetrator to pay restitution as part of the criminal sentencing process. This restitution would be in addition to the compensation awarded from the civil case, and is intended to help the victim pay for any financial losses incurred as a result of the abuse.
Not all compensation is monetary, either. The court might also enact a restraining order to prevent the perpetrator from coming near or contacting the victim again.
Pressing charges for child molestation in Indiana
Child sexual abuse cases are complex, whether they’re criminal or civil. The state of Indiana takes child molestation very seriously and acknowledges that these incidents can leave victims traumatized for years. That’s why you can bring a child sexual abuse case to the authorities or file a civil claim for a potentially long time after it happens.
If you would like to take civil action on a child molestation incident, the attorneys at Yosha Law Firm are ready to help. Contact us today to see how we can help you and your family.
