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What happened between Rob Fields' 17-year-old daughter and the 39-year-old man was legal under Indiana's current laws, but Fields said he thought the man manipulated and preyed upon a vulnerable teen. "There may be plenty of evidence to prosecute the case, but whether or not it comes to the attention of police is the issue." "Because you have consenting people involved, you're generally not going to have one of the parties complaining unless something goes bad," Decker said. Prosecuting sexual misconduct cases can be as tricky as the law is confusing - though text messaging and social media can make it easier to prove. In Indiana, a section of the law makes it illegal for authority figures, such as teachers, to have sex with any minor younger than 18, because they hold positions of trust and influence. When it comes to consent, generally it's 16.īut it also can be 18. In some sex crime statutes, such as inappropriate communication with a minor, the line between legal and illegal is drawn at 14. The definition of a "child" isn't even the same throughout Indiana code, Decker points out.
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That can make understanding the law a little tricky, Decker said. Some states, such as California and Wisconsin, set the age higher, at 17 or 18. In most circumstances, it's also illegal for someone older than 18 to have sex with someone younger than 16, under the state's laws on sexual misconduct with a minor.īut the law makes allowances: Someone younger than 16 can have legal consensual sex with someone who is within four years of age older and still under 21, if they're in an ongoing relationship.Įach state sets its own age of consent, so what's legal in Indiana may not be somewhere else. In Indiana, it's considered child molestation to have sex with a child younger than 14, who cannot consent to sex.
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Raising the age of consent would defy national trends of decriminalizing consensual sex, Decker said. With the modernization of sex crime laws, "it's not criminal for teenagers who are very close in age to have sex together," said Indiana State University associate professor Lisa Decker, who teaches in the criminology and criminal justice department. Would sex involving a 17-year-old who is dating a 21-year-old, for example, be illegal? At 18, you're old enough to vote.īut one local criminal justice expert says that with possible changes to the age of consent in Indiana, lawmakers also would have to carefully define who can have sex with whom. The key question that lawmakers likely would consider: What's the difference in your judgment at age 16 and age 18?Īt 16, you're old enough to get a learner's permit but not your driver's license. On Wednesday, state lawmakers are scheduled to discuss Senate Resolution 3, which if passed would bring up Fields' proposal for more serious consideration in a summer study committee. With a petition in the works, Fields also hopes to rally legislative support. Two, to add some kind of provision that would make it illegal for much older adults to have sexual relationships with teens.
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There are two changes that could have helped shield his daughter, he said: One, to raise the age of consent to 18 from its current 16.