Our firm handles Ohio sexual battery cases every day. These are cases that can be emotional, complex, and result in significant legal consequences for offenders.
If you face sexual battery charges or have concerns about conduct that could lead to charges, you are likely wondering, What is sexual battery in Ohio? Keep reading, as we have the answer to that question and more regarding Ohio sexual battery.
Defining Sexual Battery
Our criminal law defines Ohio sexual battery in depth. It provides over 12 circumstances that can lead to a charge of sexual battery. For instance, the law states that sexual battery in Ohio is when a person engages in sexual conduct with another if they knew the other person:
- Was impaired and unable to consent to the contact;
- Submitted because they were unaware of what was happening;
- Was fearful of resisting (for instance, the situation involved threats or force); or
- Mistakenly identified the offender as their spouse.
Those mentioned above are just a few violations in Ohio. Sexual battery also includes circumstances where parents, teachers, law enforcement officers, ministers, or others in a position of authority or trust sexually violate another person.
The legal system also finds cases of adults engaging in sexual conduct with a child to be Ohio sexual battery offenses.
Ohio sexual battery is a broad offense, and may include many actions. There is always a precise analysis when considering, What is sexual battery in Ohio?
The main issue is whether a person was violated sexually by someone other than their spouse. If the answer is yes, then the charge is significant.
The Seriousness of Ohio Sexual Battery Charges
If you fear charges, meet with an attorney to address that possibility and prepare accordingly. If law enforcement has charged you, you need help now because it is not a minor crime.
It is a felony of the third degree. If the alleged victim is less than thirteen years of age, it is an even more serious felony of the second degree. If convicted, an offender can face a mandatory prison term.
Facing Ohio Sexual Battery Charges? Get a Lawyer
From the moment you fear the police may charge you with an Ohio sexual battery charge until the legal system fully resolves your case, you need a lawyer.
Please do not trust your instinct that you can handle it alone or that the case is a mistake and the police will drop the charges. Accept that you may be in serious legal trouble, and hire a lawyer with expertise in cases of sexual battery.
Ohio criminal defense attorneys with a proven track record of excellent criminal defense will know how to:
- Evaluate police conduct and the prosecution’s case and find any irregularities that could lead to dismissal of your case;
- Negotiate for lesser criminal charges;
- Mount a vigorous defense in court if the case goes to trial;
- Fight for a lenient sentence if the court finds you guilty; and
- Protect your rights from start to finish.
Do not admit guilt, agree to any terms with prosecutors, or sign any statements on your own. If the law charges you, clearly state that you will not speak without an attorney present. Immediately seek a lawyer or firm known for exceptional criminal defense work.
We Can Help
Please call Gounaris Abboud, LPA, immediately at 937-222-1515 if you are facing criminal charges. Our attorneys have more than 50 years of collective experience.
We are dedicated, fierce advocates. At Gounaris Abboud, we understand the complexity of sexual assault cases and are here to help. Contact us today for a free case analysis.