SKILLED IN SEXUAL ASSAULT DEFENSE
ACCUSATIONS OF SEXUAL ASSAULT ARE VERY SERIOUS AND CAN GREATLY ALTER YOUR LIFE.
Sexual assault is taken very seriously by Ohio’s criminal courts. If you are accused of sexual assault and there is enough evidence to bring official charges against you, you can be sure that the prosecution will work hard to secure a conviction.
To protect yourself when charged with sexual assault in Bowling Green, contact a sexual assault defense lawyer as soon as possible. Our legal team is ready to start working on your case today.
If you are seeking legal guidance Groth & Associates has the experience you need.
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DEFINING SEXUAL ASSAULT IN OHIO
If you are facing sexual assault charges in Ohio, it’s important to know how the state defines sexual assault; this will be a critical element in building your defense.
Generally, sexual assault is defined as any type of sexual behavior that occurs without the consent of one of the parties involved; however, Ohio does not have a law that specifically addresses sexual assault. Instead, there are definitions in Ohio’s code pertaining to:
Rape is defined under Ohio Code, Section 2907.02 as engaging in sex with another person when:
- The perpetrator administers any drug or substance to the person via threat or deception;
- The other person is less than 13 years of age;
- The other person’s ability to consent or resist is impaired due to a mental or physical condition; or
- The person is compelled by the other to submit to sex via force or threat or force.
Sexual battery is defined as engaging in sexual conduct with another when the other person is coerced into the conduct, impaired, unaware of the act being committed, mistakenly identified by the other person as their spouse, a parent or guardian of the other person, in custody of law or of a hospital, a teacher or coach, and certain other circumstances involving persons of authority and minors.
Unlawful Sexual Conduct With A Minor
In Ohio, it is illegal for a person who is 18 years of age or older to have sex with a minor if that minor is not their spouse and the offender knows that the person is less than 16 years of age.
Gross Sexual Imposition
Gross sexual imposition refers to having sexual conduct (but not necessarily sex) with another person via threat or force, when the judgment and control of the other party is impaired, when the other person is less than 13 years of age, or when the person’s ability to resist or to consent is impaired due to a mental or physical condition.
Sexual imposition occurs when one party engages in sexual conduct with another knowing that the sexual conduct is offensive to the other party or when the party knows that the other party is submitting to the conduct because they are unaware of it.
Importuning refers to the solicitation of sex or sexual conduct of a minor.
If you are facing charges, it’s important that you understand specifically which criminal sexual assault charges you are facing.
OTHER PRACTICE AREA CASES
PENALTIES FOR SEXUAL ASSAULT
The penalties for sexual assault in Ohio depend on the type of assault of which you are convicted, whether or not you have any prior convictions, and the age of the victim involved. For example, a conviction of rape is a first-degree felony charge, which can result in a penalty of up to $20,000 and 11 years in prison. However, the penalty could be life in prison if a minor under the age of 13 years old is the victim.
Sexual battery, on the other hand, is a felony of the third degree in Ohio. The maximum fine for a third-degree felony in Ohio is $10,000 and a prison sentence of up to five years. It’s important that you consult with your attorney to learn more about the maximum potential penalties you face.
DEFENSES TO SEXUAL ASSAULT CHARGES
Being accused of and charged with sexual assault is very serious. If you are facing sexual assault charges, it’s important that you start building your defense as soon as possible. Your attorney can help you to explore the various defenses that may be available to you, including:
- A lack of use of threats or violence;
- Marriage – being married to the alleged victim is a valid defense;
- Lack of use of impairing substances;
- The victim gave consent;
- The victim has confused you for someone else; or
- The victim lied about their age.
Of course, whether or not any of the defenses are viable will very much depend on the circumstances of your case.
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HOW CAN A BOWLING GREEN, OHIO SEXUAL ASSAULT DEFENSE LAWYER HELP?
Working with a Bowling Green, OH sexual assault defense lawyer is essential if you have had charges brought against you. Your attorney will:
- Review all of the prosecution’s evidence against you;
- Explain the charges you’re facing and potential defenses;
- Build your defense or help you to negotiate a plea deal with the prosecution;
- Represent you in a trial;
- File motions to suppress evidence and otherwise aid your case; and
- Answer any questions you have throughout the process and ensure that your Constitutional rights are protected.
CALL AN EXPERIENCED BOWLING GREEN SEXUAL ASSAULT DEFENSE LAWYER TODAY
If you are facing sexual assault charges in Bowling Green or surrounding areas of Ohio, do not make the mistake of attempting to represent yourself or settling for an inexperienced lawyer. You need aggressive legal representation, and fast. Our team is ready to go to bat for you – call us today to schedule a consultation now.