SEXUAL ASSAULT DEFENSE
SEXUAL ASSAULT ALLEGATIONS ARE TAKEN VERY SERIOUSLY AND CAN GREATLY ALTER ONE’S 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.
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.
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.
WHAT TO DO IF YOU’VE BEEN ACCUSED OF OR ARRESTED FOR SEXUAL ASSAULT
If you’ve been accused of or arrested for sexual assault, the most pressing thing that you need to do is to contact a skilled sexual assault lawyer in Bowling Green as soon as possible. In addition to this, you should:
- Write down any details of the incident of which you are being accused;
- Make a list of witnesses who could speak in your favor; and
- Cease any communications with the alleged victim, as these communications could be used against you.
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.
WORDS FROM OUR CLIENTS
Our experience with Attorney Stevin Groth was nothing short of life changing.ALFRED & JENNIFER
When we first contacted Mr. Groth, he gave us his cell phone number and we were able to directly contact him day or night. His knowledge of the Ohio judicial system was astounding. He handled all aspects of our case himself, never once handing off our case to jr. associates. Stevin had positive relationships with all the judges, district attorneys and court personal that we came in contact with. Stevin’s persuasive arguments on our son’s behalf cleared him of all charges. Because of Stevin’s abilities, our son is able to move forward with his life without the stigma of a criminal record. We could not recommend Stevin Groth more highly.
Dan is an amazing attorney. He had my divorce finalized in a short period of time. A lot quicker than I thought it was going to be and for that I’m thankful! Dan knew exactly what he was talking about. Any questions I had Dan, and his assistant, Michelle was glad to answer. The outcome of my divorce was exactly what I was hoping for.LAURIE
Thank You Dan for your services!
Allison Lawrence is the best lawyer I have hired.she was attentive when I presented my case to her & knew exactly how to handle it.very professional person when it comes to her job,also a humanitarian.Allison has given me great advice in a free consultation,as well as stood by side in court with chargers pending,of course she got the charges dismissed!!Great attorney,very dependable.in need of a lawyer,I highly recommend Allison Lawrence.RONNIE
CONTACT AN EXPERIENCED BOWLING GREEN SEXUAL 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.