Indiana is one of the few states that provides for a mistake of fact in their statutory rape laws.
Thus, if someone has a reasonable, good-faith belief the individual they are having sex with is 16 or older, they can avoid criminal liability.
Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.
For example, a state might set the age of consent at 18.
With a petition in the works, Fields also hopes to rally legislative support.
On Wednesday, state lawmakers are scheduled to discuss Senate Resolution 3, which if passed would bring up Fields' proposal for more serious consideration in a summer study committee.
He told her how awesome it was that she was still a virgin, how stupid the boys her age were for not trying to get in her pants, how he would be trying to all the time if he were in high school. He wanted her to meet him at his office and at his house when his wife wasn't home. By the time they had sex, the law couldn't protect her.
In many other states, they'd be thrown in jail in a second."Unable to press charges against the older man, Fields is pursuing changes to Indiana's sex crime laws.
Depending on the situation, the Indiana close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
Indiana Age Of Consent Law: IC 35-42-4-9 Sexual misconduct with a minor Sec. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony.
Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor.
In most states, the age of consent has been arbitrarily designated by statute.