Having a Dedicated Ohio Criminal Attorney Can Help You Avoid Prison If You Face Charges of Rape in Ohio
Ohio rape charges are severe. A conviction under rape laws in Ohio could leave you languishing in prison for years or even for life. Furthermore, you could face life-long secondary consequences arising from the conviction, such as having a felony conviction and registering as a sex offender.
The police and prosecution may bring a charge against you for rape in Ohio based on little evidence. Sometimes all the police need is the word of just one person.
You need tough, experienced, and savvy Ohio criminal defense lawyers who have an unrivaled track record of performance. Our rape defense lawyers will help create a defense that is best suited for you.
What Is Rape in Ohio?
Rape in Ohio is found in R.C. 2907.02 and it provides that (1) “no person shall engage in sexual conduct with another who is not the spouse of the offender but is living separate and apart from the offender when any of the following apply….”
- The person impairs the persons judgment by administering a drug or other intoxicant, or by force, the threat of force, or deception,
- The person is less than 13 years of age (whether the offender knows the age of the person or not),
- The other person’s ability to resist is substantially impaired because of a mental or physical condition and the offender knows of this impairment.
The statute also provides that rape means (2) that a person engages in sexual conduct with another when the offender purposely compels the other by force or threat of force.
Penalties for Rape in Ohio
The potential punishments for Ohio rape depend on a number of different factors but ALL are considered First Degree Felonies. Sentences range from:
- A mandatory 3-11 years if someone is convicted of administering/drug/intoxicant or by force, if the defendant is less than 16 at the time of the offense and did not cause serious physical harm to the victim and the victim was 10 or older; the ability to resist was impaired by a mental or physical condition;
- A minimum of 5 years up to 11 years if someone is found to have administered a scheduled controlled substance;
- A mandatory 10 years to Life if the victim was under the age of 13;
- A mandatory 15 years to Life if the victim was under the age of 10;
- A mandatory 25 to Life OR Life Without Parole if the victim was under the age of 13 and the offender caused serious physical harm; or of the victim was 13 and the offender used force or a threat of force
Ohio Age of Consent
Rape is described above can be boiled down to non-consensual sexual contact between two people. It is often committed by force, threat or fear. Many people have heard of the term “statutory rape”.
“Statutory Rape” typically means that one of the participants is below the age of consent. The age of consent in Ohio is 16 years of age. Individuals age 15 and below do not have the ability to legally consent to sexual activity.
Ohio has other areas of the law to prosecute violations of the Age of Consent that include: Gross Sexual Imposition (may be either a fourth-degree or third-degree penalty), Sexual Battery (third-degree penalty), Sexual Imposition (misdemeanor of the third degree, and Unlawful Sexual Conduct with a Minor (may be a second, third or fourth-degree felony or a misdemeanor of the first degree)
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