Ohio sexual battery is a serious charge. While it falls below rape, it still constitutes a battery felony charge that could result in a lengthy prison sentence upon conviction. Even after you have served your prison sentence, you will be required to register as a sexual offender. This registration could jeopardize your employment, housing, and even your ability to contact your children.
Gounaris Abboud routinely handles these cases of sexual battery. Our Dayton sex crime attorneys have successfully obtained positive outcomes for 95% of our clients by providing an aggressive criminal defense regardless of the accused perpetrator or the alleged victim.
Sexual Battery Definition (Ohio)
Sexual battery in Ohio consists of physical sexual conduct with another person without their consent. It does not necessarily require force or threats of force.
Ohio Battery Laws
Laws for sexual battery, Ohio Revised Code 2907.03, prohibits sexual conduct in the following situations:
- The victim was knowingly coerced.
- The other person’s ability to understand or control their own conduct is substantially impaired.
- The victim was unaware.
- The victim mistakenly identified the accused as their spouse.
- The alleged offenders were parents, stepparents, guardians, or custodians.
- The accused has supervisory or disciplinary authority over the victim in their custody.
- The accused is a coach, administrator, teacher, or other authority over a minor victim.
- The accused is a coach, administrator, teacher, or other authority over a minor enrolled in college.
- The accused is a coach, instructor, scouting troop leader, or person with disciplinary control.
- The accused is a mental health professional who misled a patient.
- The alleged victim is in a detention facility where the accused works.
- The victim attends a church served by an accused cleric.
- The alleged offender is a peace officer more than two years older.
Contact Gounaris Abboud if you have been accused of these events.
Sexual Assault vs. Sexual Battery
Ohio law does not use the term “sexual assault” for any offenses. Instead, this is an informal term that covers any unwanted sexual contact. Thus, sexual assault can cover rape or sexual battery.
Both rape and sexual battery in Ohio use the same definition of sexual conduct. Sexual conduct includes intercourse, oral sex, and sexual penetration of any object or body part into the body of another, no matter how slight. The differences among the types of sexual assaults come from the circumstances.
Rape happens when the accused offender engages in non-consensual sexual conduct by using:
- Force
- Threats of force
- Deception
Rape can also happen when the accused offender prevents the victim from consenting by administering an intoxicant or takes advantage of their inability to consent due to physical or mental disabilities. Laws for statutory rape in Ohio also fall into this category because someone less than thirteen years cannot legally consent.
Sexual battery, by contrast, includes consensual and non-consensual sexual conduct. However, the circumstances make the act illegal.

A lot is at stake after being accused of sexual battery. Our experienced criminal defense attorneys will stand up for your rights as we deal with your charges. Contact us today.
Penalties for Sexual Battery in Ohio
Sexual battery is punished as a third-degree felony and can be enhanced to a second-degree felony in certain situations. The punishments for 3rd-degree sexual battery in Ohio can include the following:
- A definite prison sentence of 12, 18, 24, 30, 36, 42, 48, 54, or 60 months
- A fine of up to $5,000
- Mandatory five years of post-release control after leaving prison
Prosecutors can charge an offender with a second-degree felony for victims less than thirteen years old. The penalty for a second-degree felony can include a definite prison sentence of two to eight years.
Sex Offender Registration in Ohio
The punishment for a sex offense in Ohio does not end when you are released from prison. Sex offender registration is required for anyone convicted of a sexual offense in Ohio. The length of registration could be 15 years, 25 years, or life, depending on the offense. People convicted of sexual battery in Ohio receive lifetime registration. The person must report to the county sheriff’s office every 90 days for the rest of their life.
Registration is highly disruptive to the person’s ability to move on after conviction. Employers, landlords, neighbors, and relatives can see the person’s registration status.
Potential Defenses Against Sexual Battery Charges
Your Dayton criminal defense attorney can present many defenses to sexual battery charges, including the following:
✓ Consent by the victim, although consent might not negate certain charges
✓ False accusations by the victim
✓ Mistaken identity
✓ Alibi for the offense
Additionally, the prosecution bears the burden of proof. Thus, the prosecution must prove the accused committed the act with the knowledge and intent required by the statute. For example, sexual conduct with an intoxicated person constitutes sexual battery when the accused knew of their impairment. If the prosecution’s case does not establish the accused’s knowledge, the defense can point out the hole in their case.
Importance of Legal Representation in Sexual Battery Cases
You need an attorney with experience handling sexual battery cases. These charges often require careful handling to gather sensitive evidence and avoid alienating jurors. Your attorney should have a proven criminal defense record with client testimonials.
You should expect exceptional criminal defense work from your attorneys, including:
- Evaluating the tactics used by the police and prosecution for improprieties or illegalities
- Negotiating for reduced charges
- Mounting a vigorous defense at trial
- Fighting for a lenient sentence if you are convicted
- Protecting your right to a fair process
Sexual battery cases are sensitive. We understand your needs and will fight for you.
Consult Gounaris Abboud for a Strong Legal Defense
Sexual battery covers sexual conduct that falls short of rape. However, a conviction for this serious charge can still result in a sexual battery sentence that includes lengthy prison terms and lifetime registration. The only way to avoid these consequences is with a vigorous criminal defense.
The Dayton sex crimes defense lawyers at Gounaris Abboud have over 50 years of experience. More importantly, our attorneys have a 95% success rate of obtaining positive results for our clients. We will listen to your story and present your side of the case. Contact us today to discuss your case and learn how we can defend you from your charges.