A sexual assault accusation can have life-altering consequences, and the legal system is often unforgiving.
When you work with your Newark sexual assault lawyer with Koffel | Brininger | Nesbitt, you have a team with 30+ years of trial experience ready to fight for your rights. With your Newark sex crimes lawyer by your side, you can take control of your defense and challenge the prosecution’s case.
Sexual Assault Charges in Newark
Sexual assault charges in Newark carry severe penalties, and a conviction can result in prison time, registration as a sex offender, and lasting personal and professional consequences. Your Newark criminal defense lawyer from Koffel | Brininger | Nesbitt can review the details of your case and help you understand how state law applies to the charges you are facing.
Whether the case involves accusations of coercion, lack of consent, or alleged force, the prosecution must prove every element beyond a reasonable doubt.
Ohio Sexual Assault Laws
Ohio law defines sexual assault as non-consensual sexual conduct that occurs through force, coercion, or when the victim is unable to provide consent. Under Ohio Revised Code § 2907.02, sexual assault is a felony, and penalties vary based on the circumstances of the offense. The prosecution must establish that the accused engaged in sexual activity without the voluntary agreement of the other party.
Consent plays a central role in sexual assault cases, and courts look at multiple factors to determine whether an encounter was lawful. Learning how to determine consent involves assessing verbal and non-verbal cues, intoxication levels, and whether any threats or pressure were involved. If the prosecution argues that the alleged victim was incapable of consenting, the defense may challenge the claim using witness statements, digital evidence, or forensic reports.
Misdemeanor vs. Felony Sexual Offenses
Sexual offenses in Ohio are classified as misdemeanors or felonies depending on the severity of the act, the age of the alleged victim, and whether force was involved. Your Newark sexual assault attorney with our firm can explain how these classifications impact the potential penalties in your case. Misdemeanor offenses typically involve inappropriate touching or sexual imposition, while felony charges apply to cases involving coercion, violence, or an inability to consent.
Felony sexual assault charges carry significant consequences, including lengthy prison terms and mandatory sex offender registration. If the alleged victim was a minor, disabled, or under the influence of drugs or alcohol, prosecutors may seek the highest level of penalties. Prior convictions can also result in enhanced sentencing.
Evidence in Sexual Assault Cases
Sexual assault cases rely heavily on physical, forensic, and testimonial evidence. Forensic evidence plays a critical role in these cases. Law enforcement collects DNA samples, clothing, and physical injuries to establish whether sexual contact occurred and build their case on numerous types of evidence, such as:
- Delayed reporting
- Witness credibility
- Digital communication
- Medical examinations
- Surveillance footage
- Accuser’s statements
- Defendant’s statements
- Forensic toxicology reports
- Police reports
- Electronic location data
For a free legal consultation with a sexual assault lawyer serving Newark, call 614-884-1100
Statute of Limitations for Sexual Assault Cases
Ohio has specific time limits for prosecuting sexual assault cases, but these deadlines can vary based on the details of the case. In most situations, the statute of limitations for felony sexual assault is 25 years per Ohio Revised Code § 2901.13, meaning prosecutors must file charges within that time frame. However, if new DNA evidence is discovered, the case may be reopened even after the initial deadline has passed.
When the alleged victim was a minor at the time of the assault, the statute of limitations may be extended. In cases involving child victims, prosecutors can often file charges until the victim reaches the age of 43. This extended deadline is designed to allow victims more time to come forward, especially in situations where trauma delayed reporting.
Certain exceptions can override the typical statute of limitations. If an accuser presents new evidence, such as DNA or witness testimony, prosecutors may argue for an extension. Additionally, if the accused leaves the state of Ohio, the statute may be paused until they return, allowing charges to be filed even after the original time limit has expired.
Newark Sexual Assault Lawyer Near Me 614-884-1100
Defenses in Sexual Assault Cases
Some of the common defenses we can use in sexual assault cases include:
Challenging Consent and False Allegations
Consent is a central issue in many sexual assault cases. Prosecutors must prove that the alleged victim did not willingly participate in the act. If there is evidence that suggests consent was given, such as text messages, witness statements, or prior relationships, the defense may use this to dispute the claims.
False accusations can occur for a variety of reasons, including personal disputes, revenge, or misunderstandings. If inconsistencies exist in the accuser’s statements or if evidence suggests a motive for making false claims, we may be able to use this to your advantage. In many cases, past false allegations or contradictory witness statements will weaken the prosecution’s case against you.
DNA and Forensic Evidence
Forensic evidence can play a critical role in either supporting or challenging sexual assault allegations. DNA analysis may confirm that sexual contact occurred, but it does not prove whether it was consensual. The defense may argue that DNA findings alone are not enough to establish a crime.
Expert witnesses often examine forensic evidence for errors or contamination. If police mishandled DNA samples, improperly stored evidence, or conducted flawed testing, the defense may challenge the credibility of the forensic findings. Cases have been dismissed due to unreliable or misleading forensic reports.
Constitutional Violations and Improper Police Conduct
Law enforcement must follow legal procedures when investigating sexual assault cases. If officers violate constitutional rights, the evidence they collect may be inadmissible in court. Improper searches, coerced confessions, or failure to follow due process can weaken the prosecution’s case.
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Get Help From a Sexual Assault Lawyer in Newark Who Knows How to Fight for You
Sexual assault charges carry severe penalties, but the right defense strategy can change the course of your case.
Your sexual assault attorney in Newark from Koffel | Brininger | Nesbitt will analyze the evidence, expose weaknesses in the prosecution’s claims, and fight to protect your rights. Contact our office today to discuss your legal options in a confidential consultation.
Call or text 614-884-1100 or complete a Free Case Evaluation form
