After you have been accused of a sex crime, you may be too shocked to examine the exact charges against you. However, you should realize that the type of crime you have been charged with can have an enormous bearing on the penalties you face if convicted.
The Difference Between Rape and Sexual Battery Laws in Ohio
Rape is engaging in any form of sexual contact obtained without the victim’s consent, and/or through the use of force or coercion. It is considered a first-degree felony and, depending on the circumstances, can result in life imprisonment. On the other hand, sexual battery is usually a third-degree felony that carries a prison sentence from one to five years and mandatory listing on the Ohio Sex Offender Registry.
State law defines sexual battery as any sexual conduct with another person that includes one (or more) of the following:
- Coercing another person to submit to sex acts to prevent their resistance
- Awareness of the other person’s inability to control their actions (for example, the victim was substantially impaired or unable to give consent)
- Awareness that the other person submitted to sexual activity because they didn’t know it was happening
- Allowed the other person to mistakenly identify the offender as their spouse in order to engage in sexual conduct
- Sex acts performed on a person by his/her guardian or parent (including adoptive or step-parents)
- Sex acts performed by a person with supervisory or disciplinary authority over a person in an institution or patient in a hospital
- Sex acts performed on a student by a teacher, administrator, coach or other person employed by a public school
- Sex acts performed by a person using disciplinary control over the other person (such as an athletic coach or scouting troop leader)
- Sex acts performed on a person confined in a detention facility by an employee of the facility
- Sex acts performed by a cleric on a minor who attended the church served by the cleric
Are you or someone you know facing criminal charges?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
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