Reviewing Sexual Assault Charges with a Criminal Defense Lawyer
In Ohio, sexually-based crimes lead to prison sentences and hefty fines. They also require the convicted individual to register as a sex offender for the rest of their lives. A criminal defense lawyer provides a defense for these charges.
Defining Rape Under Ohio Laws
Rape is defined as any form of sexual contact without consent including the threat of bodily harm or force used to achieve the assault. It may also include the use of a deadly weapon. This definition includes rape involving individuals who are mentally incapable of providing consent as well as individuals who are under the age of thirteen. It also includes disabled individuals with physical impairments.
What Is the Penalty for Rape?
The penalty for rape under Ohio laws is life in prison. The crime is classified as a first-degree felony. Additional penalties may apply based on the age of the victim.
What Is Sexual Battery?
Sexual battery is considered any occurrence of sexual conduct that was unwelcome. It includes any form of penetration of any opening in the body including the female sexual organs. It also includes any act in which foreign objects were used. It applies to any circumstances where consent wasn’t given. This applies to individuals who are impaired due to disability, mental capacity, or administration of “date-rape” drugs.
It applies to any adult including teachers, clerics, correctional officers, etc. who had authority over a child. This includes doctors and at-home nurses who were treating the individual or child for any illness either physical or mental in nature.
What Is the Penalty for Sexual Battery?
Sexual battery is classified as a third-degree felony. The sentence imposed begins at one year with a maximum of five years. The fine that applies is $10,000. However, if the victim was not at least thirteen years of age, the crime is increased to a second-degree felony. It incurs a prison sentence of up to five years. The fine is no more than $15,000.
In Ohio, sexually-based crimes alter the accused individual’s life significantly. These infractions could lead to life in prison based on the crime and the age of the victim. It also requires registration as a sex offender.