Ohio law prohibits "sexual contact" with another when:
- The offender knows that the sexual contact is offensive to the other person . . .or is reckless in that regard.
- The offender knows that the other person's ability to appraise the nature of or control the offender's conduct is substantially impaired.
- The offender knows that the other person submits because of being unaware of the sexual contact.
- The other person is between ages 13-16, whether or not the offender knows the age of such person, and the offender is at least 18 years of age and 4 or more years older than the other person.
- The offender is a mental health professional, the other person is a mental health client or patient, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person that the sexual contact is necessary for mental health treatment purposes.
However, under Division (B), "no person shall be convicted of Sexual Imposition solely upon the victim's testimony unsupported by other evidence.
Sexual Imposition in Ohio is a 3rd degree misdemeanor and it is a Tier One Sex Offense. Tier One Sex Offenders must register as a convicted sex offender for 15 years.
Koffel Brininger Nesbitt is currently challenging the automatic classification of a misdemeanor conviction as a Tier One sex offender when there is no evidence supporting the government's need to label such an offender for 15 years. If you or someone you know is facing a charge of Sexual Imposition pursuant to Ohio Revised Code 2907.06 as a misdemeanor, please contact our firm for immediate assistance at 614-884-1100. We can quickly screen your case to see if it fits our current constitutional challenge parameters.