In Ohio, all sex offenses are found in Ohio Revised Code Section 2907. This is known as Sexual Assault in Ohio. Sexual Assault cases are divided into two categories: “sexual conduct” and “sexual contact” offenses. “Sexual conduct” is illegal penetration. “Sexual contact” is illegal touching of erogenous zones for purposes of sexual gratification.
In Ohio, illegal sexual activity normally starts with an “outcry” or “disclosure” from an alleged victim to the police. In cases involving minors, this outcry or disclosure may start with reporting to a parent. Parents then notify the police. If you’ve been accused of committing a sexual offense, you’ll need a Columbus sex crime defense lawyer to represent you.
KOFFEL | BRININGER | NESBITT is one of just a select group of lawyers in Ohio that have a specific focus on representing men accused of illegal sexual activity. Our law firm is widely known across Ohio as one of the most reputable, oldest, and successful criminal defense firms.
All sex offenses in Ohio carry mandatory registration as a sex offender. If you or a loved one is under investigation for a sex offense in Ohio, it is highly recommended that you secure the assistance of one of our lawyers. Our team has over 30 years of experience in “tapping the balloon” away from charges being filed, favorable plea negotiations and multiple Not Guilty verdicts at trial.
There is no other law firm in Ohio that operates as quickly, efficiently and productively as KOFFEL | BRININGER | NESBITT.
Sexual Assault Investigations – Our Columbus Defense Lawyers Can Help
KOFFEL | BRININGER | NESBITT starts with a telephone consultation by calling 614-884-1100 everyday of the year from 7:00 a.m. – 10:00 p.m. Our very experienced staff can immediately triage the situation.
Step 2 is an immediate meeting with one of our veteran criminal defense lawyers. Almost every client finds some peace after meeting with us.
Step 3 is putting together an immediate plan to reduce the chances of either a prosecution or conviction. This area of law is highly complex, very emotional and can be overwhelming. This is why working with a seasoned team is crucial.
Understanding your charges is the first step in building a strong defense case. When you work with a Columbus criminal defense lawyer from our team, they’ll meet with you to discuss the charges you’re facing. They’ll help you understand the allegations made against you and develop a strategy to combat them.
As mentioned above, we’ve successfully protected individuals like yourself from serious outcomes for over three decades. We have the legal knowledge, resources, and trial experience to fight any of the following sexual assault charges:
Sexual Imposition in Ohio
Section 2907.06 | Sexual imposition.
In Ohio, no person shall have sexual contact with another (excluding a spouse) or cause another to have sexual contact with the offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
Another form of Sexual Imposition in Ohio is when the offender knows that the other person’s, or one of the other person’s, “ability to appraise” the nature of or control the offender’s or touching person’s conduct is “substantially impaired”.
A third form of Sexual Imposition in Ohio is when the offender knows that the other person, or one of the other persons, submits because of “being unaware of the sexual contact”.
A fourth form of Sexual Imposition in Ohio is when the alleged victim is between the age of 13-16 years old (mistake of age is no defense in Ohio) and the offender is at least 18 years old and is four or more years older than the alleged victim.
A fifth form of Sexual Imposition in Ohio is when the alleged offender is a mental health professional, the alleged victim is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.
The Ohio General Assembly did install some limited protections for alleged offenders. In Ohio, nobody can be convicted of Sexual Imposition solely upon the alleged victim’s testimony unsupported by other evidence.
Whoever violates the Sexual Imposition law in Ohio is guilty of a misdemeanor of the third degree. This gets enhanced to a misdemeanor of the first degree if the offender previously has been convicted of or pleaded guilty to certain sex offenses in Ohio, specifically Ohio Revised Codes 2907.02, 2907.03, 2907.04, or 2907.05, or former section 2907.12.
In Ohio, Sexual Imposition can carry an enhanced jail term up to one year.
Gross Sexual Imposition
Section 2907.05 | Gross sexual imposition.
Ohio Revised Code/Title 29 Crimes-Procedure/Chapter 2907 Sex Offenses
In Ohio, there are six (6) different ways an offender can commit Gross Sexual Imposition (GSI) No person shall have sexual contact (touching of an erogenous zone) with another (spouses are excluded); cause another to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
- The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
- For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
- The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person’s consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
- The alleged victim is less than thirteen years of age, whether or not the offender knows the age of that person.
- The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
- No person shall knowingly touch the genitalia of a person under the age of 12 and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
In Ohio, Gross Sexual Imposition is a felony sex offense. Sentencing gets enhanced based upon the age of alleged victims, whether or not force or threat of force was used or if an offender has a prior sex conviction. GSI carries a presumption of prison. Certain forms of GSI carry mandatory prison.
In the event a GSI case goes to trial in Ohio, evidence of specific instances of the victim’s sexual activity, opinion evidence of the victim’s sexual activity, and reputation evidence of the victim’s sexual activity shall not be admitted under this section unless it involves evidence of the following:
- The origin of semen
- pregnancy, or
- sexually transmitted disease or infection, or
- the victim’s past sexual activity with the offender
The above-listed exceptions shall only be admitted to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Also, in the event a GSI case proceeds to trial, evidence of specific instances of the defendant’s sexual activity, opinion evidence of the defendant’s sexual activity, and reputation evidence of the defendant’s sexual activity shall not be admitted under this section unless it involves evidence of the following:
- The origin of semen
- Pregnancy, or
- Sexually transmitted disease or infection, or
- The defendant’s past sexual activity with the victim, or
- Evidence that is admissible against the defendant under section 2945.59 of the Revised Code
The above-listed exceptions only apply to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
There are very specific rules of evidence in Ohio as it relates to testimony of any sexual activity of the victim or the defendant which requires a hearing in the judge’s chambers at least 3 days before trial.
For a free legal consultation with a sexual assault lawyer serving Columbus, call 614-884-1100
You Can Trust Our Experienced and Committed Legal Team
Our firm is committed to doing everything in our power to help you avoid serious consequences from a sexual assault conviction. But don’t take our word for it! See what our past clients have to say by taking a look at our 300+ five-star reviews. Their words will show you that our legal team is dedicated to getting the best results for you.
You can trust that our attorneys will keep your best interests in mind throughout your case and fight for a favorable outcome. If you’re not convinced now, you will be when you see the impressive case results we’ve obtained for past clients who faced charges similar to yours.
Since 1993, we’ve been the firm that other lawyers call. So why not reach out today and get the experienced legal counsel you need to defend yourself?
Columbus Sexual Assault Lawyer Near Me 614-884-1100
Schedule a Free Consultation With a Columbus Sexual Assault Defense Lawyer
If you’ve been charged with sexual assault, you’re probably worried about your future and unsure how to protect yourself from life-altering consequences. Fortunately, the team at Koffel | Brininger | Nesbitt knows exactly what to do to defend you.
A skilled Columbus sexual assault defense lawyer from our firm can offer legal guidance, build a strong case on your behalf, and protect you from a severe penalty. Contact us today to schedule a free consultation and get started on your defense case. We’re confident that you’ll feel better as soon as you talk to us.
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