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?

Answer:

In Indiana, an officer in charge of a correctional facility involved in sexual exploitation of intimate maybe criminally charged with level 5 or 6 felony per Ind. Code Ann. § 35-42-4-7. It reads:
 
“***
(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.
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Indiana, a child can be placed in a juvenile detention facility, commonly referred to as 'juvie,' if they are between the ages of 10 and 17. However, the specific age may vary depending on the nature of the offense and the circumstances of the case. Generally, children under 10 cannot be charged with a crime. Legal proceedings for juveniles are designed to focus on rehabilitation rather than punishment.