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Child Molestation Defense Attorney in Indianapolis, IN

An accusation of child molesting is one of the most serious and life-altering charges a person can face. The allegation alone can lead to a no contact order, removal from your home, and the loss of your job before any evidence is tested in court. Child molesting under Indiana law covers sexual conduct or touching involving a child under 14, and it’s prosecuted aggressively, often based largely on the child’s statements.

The penalties are among the most severe in Indiana’s criminal code. Touching or fondling a child under 14 with the intent to arouse or satisfy sexual desires is generally a Level 4 felony, carrying two to twelve years. Allegations involving sexual intercourse or other sexual conduct are generally a Level 3 felony, carrying three to sixteen years, and become a Level 1 felony, carrying twenty to forty years, when the accused is 21 or older or when force, a weapon, or serious injury is alleged. A conviction typically brings long-term or lifetime sex offender registration, restrictions on where you can live and work, and limits on the credit time a person can earn toward release.

Child molesting cases often have little or no physical evidence, so they frequently turn on how the child’s account developed and was documented. The defense may examine how and when the allegation first came up, whether forensic interviews followed accepted practices or used leading questions, whether adults in the child’s life influenced the account, and whether there are inconsistencies across statements. Indiana’s protected person statute can allow a child’s recorded statements to be used at trial in some situations, which makes challenging the reliability of those statements before trial especially important. These cases also frequently run alongside a DCS investigation or a family law dispute, and what happens in one can affect the other.

At RileyCate, we defend child molesting allegations with discretion and the full preparation they require, including independent investigation and expert review where needed. If you’ve learned of an investigation, don’t speak with police, DCS, or the child’s family before talking with an attorney. For more on the range of sex offense charges in Indiana, see our Sex Crimes page.

Child molesting cases require attorneys who will carefully test the investigation and the evidence, and who are prepared to try the case before a jury. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.

Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

What are the penalties for child molesting in Indiana?

Touching or fondling a child under 14 is generally a Level 4 felony, carrying two to twelve years. Allegations of sexual intercourse or other sexual conduct are generally a Level 3 felony, carrying three to sixteen years, or a Level 1 felony, carrying twenty to forty years, if the accused is 21 or older or other aggravating facts are alleged. An attorney can help you understand your exposure.

Can I be convicted based only on a child's statement?

It’s possible. Indiana doesn’t require physical evidence to convict, and many cases rely mainly on the child’s testimony or recorded statements. That’s why the reliability of how the statement was obtained and whether it’s been consistent matters so much. An attorney can help you challenge the interview process, inconsistencies, and outside influences on the account.

What is a forensic interview?

A forensic interview is a recorded conversation between a child and a trained interviewer, often at a child advocacy center, used to document an allegation. The quality of the interview, including whether questions were leading or suggestive, can affect how reliable the child’s account is. These recordings are often key evidence. An attorney can help you review the interview and challenge problems with it.

What is Indiana's protected person statute?

The protected person statute allows a child’s out-of-court statements or recorded interview to be used as evidence in some cases, but only after a hearing where the court finds the statement reliable. That hearing is an important opportunity for the defense to challenge how the statement was obtained. An attorney can help you prepare for the hearing and contest the statement’s admission.

Will I have to register as a sex offender if convicted?

A child molesting conviction generally requires sex offender registration in Indiana, and in many cases registration is for life. Registration carries ongoing reporting obligations and restrictions on where you can live, work, and spend time. The registration consequences of any plea offer need careful review. An attorney can help you understand how a conviction would affect registration.

Can I see my own children while the case is pending?

Often, a no contact order or DCS safety plan restricts contact with the alleged victim and sometimes with other children in the home. Violating those orders can lead to new charges and hurt your case. In some situations, the court can modify the terms. An attorney can help you understand the restrictions and request changes where appropriate.

How long after the alleged conduct can charges be filed?

Indiana generally allows child sex offense charges to be filed until the alleged victim turns 31, and some cases can be filed even later based on new evidence like DNA. That means allegations can surface many years after the events described. Delayed allegations raise their own evidence issues. An attorney can help you understand the time limits and how delay affects the case.

What if the accusation came up during a custody or divorce case?

Allegations sometimes surface during custody disputes, separations, or family conflict, and that context can be important evidence. Communications, timing, and the involvement of other adults may show the account was influenced or exaggerated. Handling the criminal case and the family case together matters. An attorney can help you gather that evidence and protect your rights in both.

Should I talk to DCS or police to explain my side?

It’s generally best not to speak with DCS caseworkers or police before consulting an attorney, even if you want to clear things up. Statements made in those conversations are often used in the criminal case. Declining to answer questions isn’t an admission of anything. An attorney can help you decide whether and how to respond.

If you’ve been accused of child molesting or learned of an investigation, getting experienced counsel involved early is critical. We offer a confidential consultation to review the situation and explain your options. Reach out to RileyCate today to speak with a child molestation defense attorney.