The Ohio Supreme Court is currently discussing whether or not a state sex law is constitutional for cases where children under the age of 13 are involved.
Under the current law, children younger than 13 years old can’t legally consent to sex – any time someone older than 13 years old engages in sexual activity with someone under that age, they are automatically charged with rape. A previous ruling by the state Supreme Court states that when all parties involved are under the age of 13, no party can be charged with rape.
“We are literally on the front lines of the drug war in the state with some of the highest overdose deaths,” said attorney Brad Koffel. “Long term prison is the absolute worst idea possible for our politicians to be discussing right now. The cost to put someone in prison far exceeds the cost to use rehabilitation and restorative justice principles. It is amazing how ignorant AG [Jeff] Sessions and those like him are when it comes to addiction.”
The court heard arguments on Wednesday, May 10 about whether this ruling should stand when gross sexual imposition is involved.
The case they are hearing was filed in 2013, and involved a 12-year-old child who touched and engaged in intercourse with a child three years younger. According to court records, force was not involved.