Negele: New Law Closes Legal Loophole To Support Rape Victims

After 200 years, Indiana’s rape statute will be updated thanks to a new law authored by State Rep. Sharon Negele (R-Attica).

The Attica lawmaker said she led charges this legislative session to close a legal loophole by defining consent in state statute so that more rapists are punished for their crimes.

Under the new law signed today by Gov. Eric Holcomb, a person commits rape by engaging in sexual conduct with another person and disregarded the victim’s attempts to physically, verbally or by other visible conduct refuse the person’s acts. Until this law, Negele said the state did not define consent and only required that a person charged with rape had to knowingly or intentionally cause another person to perform or submit to sexual conduct in one of three ways, including force, mentally disabled or mentally deficient, or unaware the sex is occurring.

“Our state’s rape statute has not been updated since the 1800s, which has led to case law dictating the outcome of rape cases in Indiana because there was no legal definition of consent for a judge or jury to go off of when determining if a person was guilty,” said Negele, a member of the House Courts and Criminal Code Committee. “I have worked on this legislation for years because it’s critical we defined consent in the clearest way possible to ensure that victims are protected and can receive justice in a courtroom. On behalf of sexual assault survivors and because I believe strongly that rapists need to be prosecuted to the fullest extent, I’m grateful this is now law. I believe we still have more work to do, and I plan to pursue future legislation that better protects victims and holds criminal accountable.”

According to Negele, courts and jurors can use the new definition to better guide them as to whether a victim provided consent or not. The definition will also be placed solely within the rape statute, so it cannot be erroneously used. It shifts the focus from the actions of the victim to the intention of the perpetrator in relation to what they are witnessing and doing. Negele said this change will ensure that victims can bring their case forward and be able to articulate why and how they did not consent.

For more information on House Enrolled Act 1079, visit iga.in.gov.