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New Law Decriminalizes Some Teen Sex in Indiana PDF Print E-mail
Written by Ryan Geary   
Monday, 09 July 2007
For years in Indiana, the age at which a person could legally consent to have sex was 16 and now there is a new law. Lawyers for young defendants accused of having sex with 14- and 15-year-olds now can pose a defense against charges of sexual misconduct with a minor.

Public Law 216 creates a legal defense, nicknamed the "Romeo and Juliet defense", against charges of sexual misconduct with a minor. The law went into effect July 1 and the change made decriminalizes consensual sex among teenagers in a dating relationship if they are within four years age difference, but on the other way this change doesn't lower the age of consent.

The Indiana Prosecuting Attorneys Council supported and helped write the new defense and it modifies a 1994 law that made sexual misconduct with a minor a separate offense from child molesting as a way of dealing with teenage sexuality.

The defense can be asserted if the person accused of having sexual contact with a 14- or 15-year-old is under 21, is no more than four years older than the alleged victim and was involved in a dating relationship with the victim at the time.

Sex with a person under 14 is still considered child molesting, regardless of the age of the perpetrator. But the new law could
protect an 18-year-old from adult felony charges if he has sex with a 15-year-old girlfriend, for instance.

There are voices saying that the law change arose from concern that the ever-widening set of crimes that force people to register as sex offenders was having unintended consequences.

At the beginning it was a narrow list of offenses that prompted the sex offender registry requirement and It had to be rape, criminal deviate conduct — some forcible sex act.

As time goes by, more offenses were added to the list of convictions requiring registration. As a result, some teens in consensual, dating relationships wound up with criminal convictions that required lifetime sex offender registration.

This have a great impact, because it affects the ability to get into school, student loans, job, it reduces the chance to a normal life and also the pursuit of happiness.


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