After 200 years, Indiana’s rape statute will be updated thanks to a new law co-authored by State Rep. Donna Schaibley (R-Carmel).
As vice chair of the House Committee on Courts and Criminal Code, Schaibley joined efforts 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 recently signed 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, Schaibley 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.
“The lack of a definition for consent in the Indiana code made it difficult for a judge or jury to access individual rape cases,” Schaibley said. “Over the years, we’ve had many discussions with policymakers, advocates and victims to gain a better perspective and a deeper understanding of this important issue. The new law will provide clarity and positive change to effectively protect those who deserve justice.”
According to Schaibley, 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. Schaibley said this change will ensure that victims can bring their case forward and be able to articulate why and how they did not consent.
Click here for more information on House Enrolled Act 1079.
State Rep. Donna Schaibley (R-Carmel) represents House District 24, which includes portions of Boone and Hamilton counties.