You have the right to remain silent and the right to an attorney. Police may say an interview is your chance to clear things up, but your statements can be used as evidence against you. Thus, it is in your best interest to politely decline to answer questions until you have spoken with a lawyer.
Sexual Assault
Fort Wayne Sexual Assault Defense Attorney
When you’re accused of sexual assault, everything in your life changes. Police will likely call you in for questioning, and your employer may even hear about it. Additionally, people you have known for years may start treating you differently, even though nothing has been proven.
Remember that an accusation is not a conviction. The State of Indiana must prove every part of its case beyond a reasonable doubt, and you have the right to a strong defense at every stage. If you live in Fort Wayne or Allen County and are under investigation or facing charges, The Bellinger Law Office can help you understand what you are up against and build a case.
How Indiana Law Defines Sexual Assault
Indiana does not have a single charge called “sexual assault.” Rather, prosecutors usually file one of two felony charges.
- Rape (IC 35-42-4-1): Sexual intercourse or other sexual conduct when the other person is forced or threatened, is unaware the act is happening, or cannot consent because of a mental disability. Rape also includes cases in which someone forced another person to perform or submit to sexual intercourse. Further, it covers cases where the accused ignored the other person’s attempts to refuse through words or visible actions. Rape is a Level 3 felony, punishable by three to 16 years in prison and a potential fine of up to $10,000. However, it becomes a Level 1 felony, with a range of 20 to 40 years and a potential fine of up to $10,000, if prosecutors allege a deadly weapon, serious bodily injury to someone other than the defendant, or secretly drugging the person who was assaulted.
- Sexual battery (IC 35-42-4-8): Touching another person for sexual gratification when that person is forced, cannot consent, or is unaware of the touching. The base charge is a Level 6 felony, which carries six months to two-and-a-half years. Aggravating factors can raise it to a Level 4 felony.
In 2022, Indiana expanded its rape law to include cases where someone disregards another person’s attempts to refuse. Because of that change, many cases now turn on what each person said and did and how those words and actions are understood afterward.
Prison and fines are only part of the risk. Most sex offense convictions require registration on Indiana’s Sex and Violent Offender Registry. Registration lasts at least 10 years, and many cases bring lifetime registration. Under Indiana law, an adult convicted of rape is classified as a sexually violent predator if they have some kind of “mental abnormality or personality disorder” that makes them likely to commit repeated sex offenses. This designation carries lifetime registration and stricter reporting rules.
In Allen County, registrants must report in person to the Allen County Sheriff’s Department. Adults may also be ordered to register for life if they commit a sex crime against a child under the age of 12 or use force or threat of force.
Personal Attention to Your Case
The Bellinger Law Office has served clients in Fort Wayne since 2006. Attorney Robert H. Bellinger grew up in eastern Whitley County, earned his law degree from Thomas M. Cooley Law School, and has been licensed to practice in Indiana since 2006. His office sits in downtown Fort Wayne on East Berry Street.
When you hire the firm, you work with Mr. Bellinger himself. To him, good service means meeting with a real lawyer instead of a paralegal and listening more than talking. That approach carries extra weight in a sexual assault case, in which the details of one evening or one conversation can shape the outcome. He wants to hear your entire account, explain each stage of your case in terms you can follow, and prepare your case with the possibility of a trial in mind from the start.
Who We Serve
People come to the firm at different points in a sexual assault case. These are some of the situations Mr. Bellinger helps clients face.
Clients We Serve
People come to us with all sorts of sexual assault cases, including those who:
- Are accused of sexual assault, but no charges have been filed yet. An allegation has been made, police want to speak with them, or an investigation has started. They need legal guidance before charges are filed, while there may still be a chance to shape how the case develops.
- Have been arrested or charged with sexual assault. These clients already face formal charges and need someone to review the allegations and the evidence, explain the possible penalties, and lay out their defense options.
- Dispute whether the contact was nonconsensual. They agree that contact occurred but dispute the claim that it happened without consent. As a result, the messages, timeline, and witness accounts surrounding that contact need a careful review.
- Believe they were falsely accused. They deny the allegation, believing important facts are wrong or that the accusation does not reflect what actually happened.
- Believe they were misidentified. These clients believe police or their accuser have the wrong person and may even have evidence showing they were somewhere else or had no part in the alleged incident.
Whether you face any of these scenarios or another type of situation related to sexual assault, The Bellinger Law Office can help.
What to Expect in a Sexual Assault Defense Case
Every case moves at its own pace, but most criminal cases develop in a similar way. Here is how a sexual assault case usually unfolds and what Mr. Bellinger does at each point.
- Investigation or arrest. Police may interview the accuser, collect physical evidence, and ask to speak with you. Anything you say can be used later, so talk with a lawyer before you answer any questions.
- Discuss your options with The Bellinger Law Office. Mr. Bellinger meets with you, hears your side of the story, and explains the charges you face or may face.
- Initial court hearing. At your first hearing, the court reads the charges, addresses bond, and may issue a no-contact order. Following that order closely protects your case.
- Discovery and pretrial motions. Mr. Bellinger requests the State’s evidence, which can include messages, phone records, forensic exam results, and witness statements, and reviews it in detail. If evidence was gathered improperly, he can ask the court to exclude it.
- Negotiations and pretrial conference. If Mr. Bellinger sees any weaknesses in the case, he may be able to get the charges dismissed or reduced or request other terms. You decide whether any offer is right for you.
- Plea agreement or trial. If no agreement makes sense, your case goes to trial. There, Mr. Bellinger challenges the State’s witnesses, presents your evidence, and holds the prosecution to its burden of proof.
- Sentencing and appeals. If a conviction occurs, he can argue for a fair sentence and discuss whether grounds for an appeal exist.
Some cases also play out in more than one setting. College students accused of sexual misconduct may face a school disciplinary process alongside a police investigation. The firm also helps students with Title IX sexual harassment investigations, so both matters can be handled with the same plan in mind.
Why Choose The Bellinger Law Office?
Choosing a lawyer for a sexual assault case is a personal decision, so here is what clients can expect when they work with the firm.
- Direct work with your attorney. Mr. Bellinger handles your case himself. You will not be passed off to a paralegal for the important conversations.
- In practice since 2006. He has practiced in Fort Wayne for many years and has experience defending a wide range of criminal charges.
- A careful look at the evidence. Consent and identity cases often depend on small details. Mr. Bellinger reviews messages, timelines, and records closely to find gaps in the State’s version of events.
- Honest communication. Clients describe him as upfront about their options and possible outcomes. You will know where your case stands and why.
- Trial-ready preparation. Cases are prepared with a trial in mind, putting you in a stronger position, whether your case resolves early or goes before a jury.
- Help with related matters. Sexual assault allegations can come with protective orders or later questions about clearing a record. The Bellinger Law Office handles these issues too.
Talk With a Fort Wayne Sexual Assault Defense Attorney
The steps you take early in a sexual assault investigation can affect every stage that follows. Speaking with a lawyer before you talk to police gives you the best chance to protect your rights and your future.
If you are under investigation or have been charged with sexual assault in Fort Wayne or the surrounding area, Mr. Bellinger is ready to listen and explain your options. Schedule a consultation with the Bellinger Law Office today.
Sexual Assault Defense FAQs
What is the difference between rape and sexual battery in Indiana?
Rape involves sexual intercourse or other sexual conduct and starts as a Level 3 felony, while sexual battery involves sexual touching and usually starts as a Level 6 felony. Both charges can be raised to a more serious level when aggravating factors are alleged, such as a weapon or secretly drugging the other person.
Will I have to register as a sex offender if I am convicted?
In most cases, yes. Registration in Indiana lasts at least 10 years, and in certain cases, lifetime registration may be required. Because the consequences last so long, registration often shapes how a case is defended or negotiated.
Can the charges be dropped if the accuser changes their mind?
Not automatically. In a criminal case, the State brings the charges, so the prosecutor decides whether to continue. Never contact the accuser yourself to discuss the charges, especially if a no-contact order is in place.
What should I do if I believe I was falsely accused?
Stay calm, and do not reach out to the accuser or discuss the case on social media. Save anything that may help show what happened, such as text messages, photos, receipts, or location data from your phone, and then speak with a defense attorney who can review that material and decide how to use it.
