How does Ohio define sexual assault crime?
Sexual assault is any unwanted sexual encounter without the consent of the person being pursued. Sexual assault can present itself in a number of different ways.
Statutory laws are used to prosecute offenses that are related to the victim being below the Ohio Age of Consent. Non-statutory rape laws are used to prosecute cases where force or coercion was used by the assailant.
Ohio has defined 5 crimes that are used to prosecute sexual assault in Ohio.
1. Gross Sexual Imposition § 2907.05: If the offender has or causes someone else to have sexual contact with someone whose ability to resist or consent is impaired due to a mental or physical condition for any reason. This includes advanced age, drug intoxication or by threat of force.
Punishment: 6-18 months in prison / If the victim is under age of consent: 1-5 years in prison
2. Rape § 2907.02: If the offender engages in sexual conduct with another through force or threat of force or when the victim’s ability to resist or consent is substantially impaired due to a mental or physical condition for any reason. This includes advanced age and drug intoxication.
Rape can take on several forms:
Date Rape – when a person is attacked by someone that they know
Stranger Rape – when a person is attacked by someone they don’t know.
Punishment: minimum 5 years in prison / If victim under 10, life in prison
3. Sexual Battery § 2907.03: If the offender has sexual conduct with another, when the victim is a minor, and the offender is more than two years older than the other person, or when the offender is in a place of power or authority (such as a coach, teacher, law enforcement etc) and uses such to persuade the victim to consent.
Punishment: 1-5 years in prison / If the victim is under the age of 13: 2-8 years in prison
4. Sexual Imposition § 2907.06: If the offender engages in “sexual touching” (i.e., the touching of another person’s erogenous area) when the offender knows the sexual touching is offensive to the accuser or is reckless in that regard; this includes if the victim is either underage (older than 13 but younger than 16), impaired due to a mental or physical condition of any kind including drug intoxication.
Punishment: Up to 60 days in prison for the first offense / up to 6 months for subsequent offenses
5. Unlawful sexual conduct with a minor § 2907.04: If the offender is 18 years of age or older engages in sexual conduct with someone who is 13 years of age or older but less than 16 years of age or the offender is reckless in that regard.
Punishment: 6 months – 8 years in prison depending on several factors including age gap and previous offenses / If the offender is less than 4 years older than the victim – up to 6 months in prison
Managing False Allegations
If you’ve been accused of sexual assault, the thought of the legal process that you’re soon to encounter can be terrifying. Your life can be significantly impacted in a variety of ways. By responding quickly and aggressively with a criminal defense attorney by your side, you can move through the legal process as quickly as possible:
-Do not provide law enforcement with any information without your attorney present
-Hire a criminal defense attorney with experience in this area
-Write down your account of what happened, provide as many details as possible
-Make a list of witnesses who can attest to the events at the time of the alleged assault
The consequences of a conviction for sexual assault are serious and could include: incarceration, difficulty obtaining employment in the future, becoming a registered sex offender, restrictions regarding where you can live, and much more.
If you’re falsely accused of sexual assault, call defense Attorney Terry Sherman for a free case evaluation. He has 45+ years experience and exceptional track record of success. To learn more about Sex Crimes Defense, click here.