The officer in charge of the juvenile home coerced sexual relations with me. Can I sue him for rape?
Full Question:
I am serving time for grand theft in a juvenile home in Indiana. I am 17 years old. The officer in charge of the juvenile home has had coerced sexual relations with me on multiple occasions? Can I sue him for rape?
12/21/2016 |
Category: Child Abuse |
State: Indiana |
#28521
Answer:
“***
(o) A law enforcement officer who:
(1) is at least five (5) years older than a child who is:
(A) at least sixteen (16) years of age; and
(B) less than eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the law enforcement officer's official duties with respect to the child; and
(3) uses or exerts the law enforcement officer's professional relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer;
commits child seduction.
***
(q) Child seduction under this section is:
(1) a Level 6 felony if the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(2) a Level 5 felony if the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.”
In the given instance, the officer in charge of the juvenile home may be prosecuted under the above-quoted provision and may be charged with level 5 felony for his conduct. He may be punished with one to six years’ imprisonment and up to $10,000 in fines per Ind. Code Ann. § 35-50-2-6.(o) A law enforcement officer who:
(1) is at least five (5) years older than a child who is:
(A) at least sixteen (16) years of age; and
(B) less than eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the law enforcement officer's official duties with respect to the child; and
(3) uses or exerts the law enforcement officer's professional relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer;
commits child seduction.
***
(q) Child seduction under this section is:
(1) a Level 6 felony if the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(2) a Level 5 felony if the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.”