Dayton Sex Crimes Defense Lawyers
Criminal Defense Attorneys Fighting Sex Crime Charges in Dayton
Anyone accused of a sex offense in Dayton quickly learns that “innocent until proven guilty” does not always apply, especially in the court of public opinion. The Duke Lacrosse Scandal is merely one example of how the accusation alone can change your life. Those accused of committing a sex offense in Dayton are entitled to the same constitutional and procedural protections applicable to all criminal defendants in Ohio. This includes the right to confront witnesses, the right to remain silent, and the right to have an experienced Dayton sex crimes defense lawyer on your side from investigation to appeal. Contrary to public opinion, you are innocent of an Ohio sex crime until proven guilty beyond a reasonable doubt.
Experienced and Understanding Criminal Defense Lawyers for Sex Crimes in Dayton
At the Joslyn Law Firm, Brian Joslyn and his team of dedicated Dayton sex crimes defense lawyers are prepared to hear your side of the story. We understand how difficult navigating Ohio sex crimes accusations can be on defendants and their loved ones. Begin your sex crimes defense today in partnership with the Joslyn Law Firm’s Dayton criminal defense attorneys by calling (937) 356-3969 or contacting us online for your free, confidential sex crimes defense consultation.
Information Center for Ohio Sex Crimes Presented by Our Dayton Sex Crime Defense Attorneys
- Offenses Considered “Sex Crimes” in Ohio
- Defining Important Sex Offense Terms under the Ohio Code
- Dayton Sex Crimes Investigations & Common Evidence in Sexual Assault Cases
- Overview of the Dayton Criminal Court Process & Special Procedural Considerations in Sex Crimes Cases
- Potential Direct Penalties and Collateral Consequences of a Dayton Sex Crimes Conviction
- The Ohio Sex Offender Registry: Tiers & Restrictions
- Common Defenses to Sex Crimes in Dayton
- FAQs Answered by Dayton Sex Crimes Defense Lawyers
- Dayton Sex Crimes Resources
1. Offenses Considered “Sex Crimes” in Ohio
Chapter 2907 of the Ohio Criminal Code sets forth the criminal conduct that qualifies as a sex offense in Ohio. Anything falling short of the explicit conduct criminalized by Ohio Chapter 2907 is not an Ohio sex crime but may result in alternative criminal or civil liability. The following major sex offenses are criminalized in Ohio:
- Rape (Ohio Code § 2907.02) – Having sexual intercourse of any type with a person under the age of 13, a person drugged by the offender to impair the victim’s judgment and control, by force or threat of force, or when the victim is substantially mentally or physically impaired. Marriage is a defense to certain categories of rape in Ohio.
- Sexual Battery (Ohio Code § 2907.03) – Having sexual intercourse with one who is substantially impaired, unconscious, subject to undue coercion, or is in a parental relationship with the victim (parent, foster parent, step-parent, legal guardian). Sexual battery also criminalizes sexual conduct between two parties when one is a minor and/or the offender is in a relationship of power with the victim, i.e., a teacher, warden, coach, police officer, scout leader, clergy, or mental health professional. Sexual battery is a felony in the second or third degree.
- Unlawful Sexual Conduct with a Minor (Statutory Rape – Ohio Code § 2907.04) – When someone over the age of 18 has sexual intercourse, even consensual sexual intercourse, with someone between the ages of 13 and 16. Statutory rape is traditionally a felony but may be a misdemeanor if the offender and victim are within a certain age range of one another.
- Gross Sexual Imposition & Sexual Imposition (Molestation – Ohio Code §§ 2907.05 and 2907.06) – When the offender has or causes the victim to have sexual contact, such as groping, with another against the victim’s will, by force, when the victim is a minor, when the victim is impaired, or when the victim is unaware of the contact. Any unlawful contact designed to cause sexual arousal, with the exception of consensual kissing, is generally criminalized as sexual imposition. Gross sexual imposition is a felony, while sexual imposition is generally a misdemeanor.
- Commercial Sexual Exploitation of a Minor (Ohio Code § 2907.19) – When an offender purchases or obtains advertising space for sexual activity that includes a depiction of a minor whether he/she knows the victim is a minor. This is a felony in Ohio.
- Compelling Prostitution (Human Trafficking – Ohio Code § 2907.21) – Compelling another to engage in sexual activity for profit or procuring a person to do so. This can be a first-degree felony in Ohio. Human trafficking of a minor is also a federal offense punishable by a mandatory minimum of 10 years imprisonment. Sex trafficking is typically prosecuted in Ohio’s federal courts.
- Importuning (Ohio Code § 2907.07) – When an offender over the age of 18 propositions someone under the age of 13 to engage in sex or have sexual contact with the offender. This includes propositioning someone over the phone, computer, or if the offender propositions a law enforcement officer posing as someone under the age of 13. The offender generally does not need to know the victim is underage. Importuning is a felony.
Additional Dayton sex crimes include voyeurism, public indecency (indecent exposure), offenses related to prostitution, and offenses related to the production and distribution of child pornography. An action may constitute multiple sex crimes, but the lesser-included offenses are typically subsumed within the most severe charge. Failure to convict the offender on one of the more serious charges, however, may still result in the conviction of lesser charges.
2. Defining Important Sex Offense Terms under the Ohio Code
Sex crimes are differentiated from violent crimes based on the sexual nature of the contact between the victim and offender. The Ohio Code, however, explicitly defines the type of conduct that qualifies as “sexual.” Conduct falling outside of the actions defined by Ohio law is not considered sexual conduct sufficient to support a sex crimes conviction. Each major sexual offense listed in Ohio criminalizes sexual conduct, sexual contact, and/or sexual activity (both). Understanding the specific conduct prohibited by and definition of each of the following terms is essential for determining whether the offender may be charged with a sex crime in Dayton.
- Sexual Conduct – Nonconsensual vaginal, anal, or oral sex between persons whether penetration is accomplished by a body party, instrument, or other apparatus.
- Sexual Contact – Any touching of another’s erogenous (stimulating) zones for the purpose of sexual arousal or gratification. Erogenous zones include, but are not limited to, genitals, buttocks, thighs, or female breasts.
- Sexual Activity – Includes sexual conduct, sexual contact, or both.
- Juvenile & Minor – Means a person under the age of 18 despite the age of consent in Ohio being 16. Juvenile spouses of offenders are excluded from the definition of a juvenile.
- Spouse – A person married to the offender at the time of the offense provided the marriage is valid, the parties are not legally separated, and/or the parties have not filed for divorce, annulment, or legal separation at the time of the offense.
When one or more of these terms appears in an Ohio statute, the definition as specified in Ohio Code § 2807.01 is substituted. For example, rape criminalizes only “sexual conduct,” not “sexual contact,” whereas gross sexual imposition criminalizes sexual contact.
3. Dayton Sex Crimes Investigations & Common Evidence in Sexual Assault Cases
Dayton, like most major cities, employs specialized sex crime investigators. These detectives and prosecutors typically receive specialized training in interview techniques for the parties to a sexual offense and are more familiar with the evidence necessary to bring sex crimes charges in Dayton. Mandatory reporters such as clergy, social workers, teachers, doctors, and counselors may report a potential sex crime against a minor or the victim and/or her loved ones may file a police report directly with Dayton sex crimes detectives. Dayton sex crimes investigators primary look for and/or gather the following evidence after a report of unlawful sexual activity:
- A Sexual Assault Forensic Examination (rape kit): Nearly all major hospitals, doctor’s offices, and medical clinics in the Dayton area carry “rape kits,” which are premade kits containing the forms and materials necessary to preserve potential evidence of sexual assault during a victim’s medical examination. Rape kits include swabs, nail clippers, combs, test tubs, storage bags, forms, and sealing tap. These items are primarily used to gather the alleged offender’s DNA and hair evidence from the victim.
- DNA: Sexual assault investigators often coerce alleged sexual offenders to submit DNA evidence without a warrant. However, Dayton police officers must obtain a warrant based upon probable cause to seize DNA evidence from a defendant during sex crime investigations.
- Sworn Testimony/Affidavits: Dayton sex crime investigations often begin with the victim’s sworn testimony. Police may also obtain testimony from potential witnesses, friends, family members, and co-workers to corroborate the victim’s claims or a defendant’s alibi. Those accused of sex crimes in Dayton do not have to speak with the police and are not required to give testimony. A refusal to speak with police officers looking to trap and confuse sex crimes defendants during interviews may not be used against a defendant in a court of law.
- Video/Photo/Social Media Evidence: With the increasing reliance on social media and smartphones, the police may search the victim and defendant’s phones and social media profiles for evidence of criminal activity. They need a warrant to obtain any information not publically available, but they can freely obtain and use evidence obtained from a public profile. They may even use public evidence as the basis for obtaining a warrant to access a suspect’s phone or private messages. Disengage from all social media if you’re under investigation for a sex crime in Dayton.
When the police warn defendants that anything can and will be used against them in a court of law, they mean it. A single misplaced comment may give police officers the probable cause necessary to obtain a warrant or prosecutors the missing evidence necessary to file sex crimes charges in Dayton. Invoke your right to silence and an attorney and contact an experienced Dayton criminal defense lawyer at the Joslyn Law Firm immediately if approached by a Dayton sex crimes investigator.
4. Overview of the Dayton Criminal Court Process & Special Procedural Considerations in Sex Crimes Cases
Dayton sex crimes prosecutions follow the traditional Ohio criminal court process and timeline with one notable exception. Here is what those charged with a sex crime in Dayton can expect:
- Indictment: For any sex crime punishable as a felony, the Fifth Amendment requires the accused to be indicted by a grand jury. A group of your peers considers the evidence obtained during a sex crimes investigation to determine whether probable cause exists to file felony sex crimes charges in Dayton. This process isn’t necessary for misdemeanor sex offenses.
- Initial Appearance/Arraignment: During the initial appear and/or arraignment, the defendant is officially informed of the charges, read his rights, asked if he pleads guilty to the sex charges, and has bail set. He is typically offered an attorney prior to the arraignment if one has not already been obtained. An offender may request appointment of the public defender or retain a dedicated Dayton sex crimes defense attorney. He/she may speak with an Ohio sex crimes defense attorney before entering a plea.
- Discovery: The parties must turn over all relevant evidence obtained during the criminal investigation, including the names and contact information for all potential witnesses. They also exchange expert and medical reports. A Dayton sexual offense defense attorney reviews the prosecution’s evidence, interviews all witnesses, and gathers defense evidence during discovery. Criminal defense lawyers may also move for dismissal of charges or suppression of evidence due to constitutional violations during this stage. Plea deals are typically offered following the close of discovery.
- Private Evidentiary Hearings for Certain Sex Offenses: This extra hearing is required by statute in certain sex offense cases, such as rape, if the parties intend to introduce evidence of the parties’ sexual histories at trial. The judge determines whether the evidence is being introduced for a proper purpose, like to prove motive, and will limit the use of any sexual reputation evidence to protect the mental health and wellbeing of both parties. The alleged victim of an Ohio sex offense is permitted to have private counsel represent her during these hearings to defend her rights even from overzealous prosecutors.
- Final Pretrial Hearing and Jury Selection: The defendant is typically given a last opportunity to plead guilty and make any final pre-trial motions during the pre-trial hearing. The trial proceeds shortly thereafter and begins with jury selection where your top-rated Dayton sex crimes defense lawyer will interview prospective jurors for bias and work to select a fair and competent jury.
- Trial: Once the jury is selected, the trial begins with the parties opening statements followed by the prosecution’s presentation of evidence. Your Ohio sex crimes defense attorney can cross-examine witnesses and object during this time but cannot generally introduce evidence. The defense presents evidence once the prosecution rests, and the prosecution may rebut that evidence. Lastly, the attorneys give closing statements, and the judge charges the jury with instructions regarding the legal elements of the sex crimes charged. The jury may deliberate as long as necessary to reach a verdict. Defendants will be released if the jury hands down a verdict of not guilty of all charges. Sentencing is set for any guilty verdicts.
- Sentencing: Sex crimes defendants are not sentenced immediately after a guilty verdict. Instead, the court reviews the Ohio sentencing guidelines and any mitigating or aggravating factors. Offenders who committed a sex crime against a young child or physically harmed the victim are subject to harsher penalties while a Dayton sex crimes defense lawyer will argue for leniency. A criminal defense lawyer can reiterate certain defenses, such as intoxication, insanity, and/or lack of knowledge of age, to mitigate an offender’s sentence even if the defense was rejected at trial. He may introduce character letters and other evidence of community involvement to ultimately reduce a sex offender’s sentence.
Sex crimes prosecutions may take longer than traditional criminal prosecutors because of special evidentiary prohibitions and hearings. For example, defendants may be sent for a mental health examination, and prosecutors are generally not permitted to introduce evidence of the parties’ past sexual activity and sexual reputation during trial. It often takes additional time to sort through the evidence that may be used during a sex crimes prosecution in Dayton and address any special considerations arising when the victim is a child.
5. Potential Direct Penalties and Collateral Consequences of a Dayton Sex Crimes Conviction
The direct penalties associated with a sex crimes conviction in Dayton depend on the offense charged, the penalty level, and the offender’s criminal history. Most offenders convicted of a felony-level sex offense or a sex offense against a minor will face jail time. However, first-time offenders convicted of low-level felonies or misdemeanor-level sex offenses may avoid jail time with the help of the experienced Dayton criminal defense lawyers at Joslyn Law Firm. The following are the potential penalties for each major Ohio sex crime:
- Rape – This is a first-degree felony in Ohio punishable from five years imprisonment to life imprisonment without the possibility of parole and a fine up to $20,000. Violent rape of a child under the age of 10 is punishable by a mandatory sentence of life imprisonment, and Dayton judges may impose a life sentence for repeat sex offenders or if the victim was physically harmed during the rape.
- Sexual Battery – This can be a felony in the second or third degree, but is generally charged as a third-degree felony. Third-degree felonies are punishable with 1 to 5 years imprisonment with a fine up to $10,000. Second-degree felonies are punishable by up to 12 years of imprisonment. If the victim was under the age of 13 at the time of the offense, sexual battery is a second-degree felony punishable by a mandatory minimum of 2 years imprisonment.
- Statutory Rape – Punishable as a second or fourth-degree felony or a first-degree misdemeanor. First-degree misdemeanors are punishable by not more than six months imprisonment and/or a fine up to $1,000. Statutory rape is a felony unless the offender and victim have less than a four-year age difference. This is called a “Romeo and Juliet” exception.
- Gross Sexual Imposition – Punishable as a felony of the third or fourth degree with certain mandatory minimum prison sentences when the victim was a child. The mandatory minimum is typically about 2.5 years, but the offender’s sentence can range anywhere from 6 months to 5 years imprisonment.
- Sexual Imposition – Punishable as a misdemeanor in the first or third degree. Third-degree misdemeanors are punishable by not more than 60 days imprisonment and/or a fine up to $500.
- Public Indecency (Indecent Exposure) – Punishable anywhere between a fourth-degree misdemeanor and fifth-degree felony depending on the type of exposure, whether the victim was a minor, and whether the offender has a criminal history of indecent exposure.
Dayton judges may, and sometimes must, impose the following additional penalties for sex crimes convictions during sentencing:
- Mandatory restitution to the victim for expenses incurred as a direct result of the offense, such as medical bills, counseling, relocation, protection
- A permanent restraining order
- Payment of court and investigation fees
- Community control (Probation)
- Community service
- Designation as a sex offender and mandatory registration on the Ohio Sexual Offender Registry
- Drug and alcohol rehabilitation
- Mental health and sex offender counseling
Those convicted of a felony-level sex offense in Dayton are also subject to the collateral consequences of a felony conviction in Ohio. These include:
- Loss of child custody or ability to foster/adopt
- Ineligibility for public jobs
- Loss of all firearms rights for violent felons
- Temporary loss of the right to vote
- Difficulty getting into college or obtaining financial aid
- Inability to travel outside the state or country
- Difficulty obtaining a mortgage, loan, or financing
- Inability to go near school property and attend off-premises school events, even for your child’s activities
- Ineligibility for or loss of certain professional licenses such as a teaching, law, or medical license
The only way to avoid the life-altering consequences of a Dayton sex crimes conviction is to avoid a conviction altogether with the help of an experienced Dayton sex crimes and criminal defense attorney at Joslyn Law Firm.
6. The Ohio Sex Offender Registry: Tiers & Restrictions
Aside from the direct consequences of a sex crimes conviction in Dayton, nearly all Chapter 2907 sexual offenders are designated as such and subject to registration on the Ohio Sexual Offender Registry. Some of the most severe consequences of an Ohio sex crimes conviction come from the restrictions imposed on designated sex offenders. These include:
- Mandatory appearance on the public registry
- Public access to the offender’s name, offense, work, home, and/or school address, and other identifying information as designated by the crime
- Possible neighborhood notification of a sex offender’s address and presence
- Mandatory check-in and registration of addresses with local authorities
- Prohibition on living and/or working within a certain range of qualifying school zones
- Inability to utilize certain public facilities such as pools, libraries, and parks
- Law enforcement access to emails, screen names, online handles, and phone numbers
The length of a sex offender’s presence on the registry depends on the offender’s designed sex offender tier. Convicted sex offenders in Dayton are designated as either Tier I, II, or III offenders, which carry the following registration terms:
- Tier I – Registration and updated registration once per year on the sex offender registry for a period of 15 years
- Tier II - Registration and updated registration once every 6 months for a term of 25 years
- Tier III - Registration and updated registration every 3 months for life.
Registration check-ins include, but are not limited to, providing your home address, work address, vehicle information, emails, social media accounts, phone number, school information, and any online access information to the Montgomery County Sheriff’s Office as often as specified by your tier. The public can search for a sex offender by name or address, but they can also plug in certain screen names, phone numbers, and emails. This alerts the local sheriff’s office of a possible offense.
7. Common Defenses Asserted by Dayton Sex Crimes Attorneys
Every Dayton sex offense prosecution requires an experienced Montgomery County sex crimes defense lawyer to determine whether an affirmative, constitutional, and/or evidentiary defense is available. Dayton felony defense lawyers will often focus on an alleged offender’s strongest defense while working to disprove the prosecution’s overall case. While not all defenses are applicable to every sexual offense in Ohio, the following are potential defenses to sex crimes charges in Dayton:
- Consent: The sexual contact criminalized by the Ohio Code must be non-consensual. While the defendant’s subjective belief doesn’t justify unlawful sexual conduct, he may present evidence sufficient to show that a reasonable person in his situation would have believed the encounter was consensual. Consent is a complete defense to many Ohio sex crimes unless the victim was disabled, incapacitated, or underage.
- Marriage: One of the major exceptions to certain Ohio sex crimes, including rape, is marriage. The parties must have been legally married and living together at the time of the alleged rape or must be legal spouses and not pending divorce or separated, during the alleged sex crime. Allegations of sexual assault do arise during acrimonious divorce and child custody proceedings. These allegations may be used to discredit another party, but you may not be prosecuted for certain sex crimes if you were married and cohabiting at the time of the sexual conduct.
- Statute of Limitations: With the prominence of the “Me Too” movement, sex crimes allegations are being made decades after the alleged offense occurred. Each Ohio sex crime carries a statute of limitations associated with the offense. Prosecutors must file charges within a certain time frame unless an exception applies. Charges filed after the statute of limitations has expired are subject to dismissal.
- Constitutional Challenges: The United States Bill of Rights provides protections for criminal defendants. Failure to indict, appoint effective defense counsel, and/or “speedy trial” violations are potential constitutional defenses to sex crimes charges in Dayton. These violations may result in a complete dismissal of all criminal charges.
- Evidentiary Defenses: Any evidence obtained and used during a sex crimes prosecution must have been gathered in accordance with the Fourth Amendment. Evidence obtained in violation of the Fourth Amendment, tainted during the testing process, or gathered/stored improperly may be excluded from consideration at trial. Further, evidence stemming from the illegal evidence must also be excluded. In many cases, excluding illegally obtained DNA samples may result in the dismissal of sex crimes charges. An experienced Dayton sex crimes defense attorney must petition the court to exclude illegally obtained evidence. The court will not exclude this evidence on its own.
- DNA/Rape Kit Defense: Foreign DNA evidence is normally only obtainable for 6 weeks after a sexual encounter, and that’s only with a specialized testing kit not utilized in most Ohio sexual assault cases. Regular rape kit examinations must generally be undertaken within 3 days to obtain foreign DNA evidence. A substantial delay in submitting to a forensic examination and/or filing a police report may result in a loss of crucial exonerating DNA evidence. An experienced Dayton sex crimes defense attorney may argue that evidence from a delayed rape kit, i.e., a traditional exam conducted two weeks after the alleged rape, is more prejudicial than probative. He may also argue that, had the victim submitted to an exam, it would have exonerated the defendant.
Only an experienced sex crimes defense lawyer can determine which defenses are available in each case and which and most effective in Montgomery County Courts.
8. FAQs Answered by Dayton Sex Crime Defense Lawyers
Below are brief answers to the most common questions our experienced Dayton criminal defense attorneys receive about Ohio sex crimes.
- What is a Sex Crime?
If you’re accused of a sex crime in Dayton, it means you’ve been charged with an offense falling under Chapter 2907 of the Ohio Criminal Code or similar federal statute. Chapter 2907 is titled “sex offenses,” and it lists the various crimes that qualify as sex crimes in Ohio. Examples include rape, statutory rape, sexual battery, pandering, sex trafficking, sexual imposition, and indecent exposure. Not every defendant charged with a Chapter 2907 violation is considered a “sexual offender,” however.
- What is Considered “Sex” by Law?
“Sex” is specifically defined by Ohio law; although, it is referred to as “sexual conduct.” Sexual conduct is defined as having unprivileged (illegal or nonconsensual) vaginal, anal, or oral sex between persons whether penetration is accomplished by a body party, instrument, or other apparatus and regardless of the parties’ genders. “Sexual contact,” on the other hand, is defined as any touching of another’s erogenous (stimulating) zones for the purpose of sexual arousal or gratification. Erogenous zones include, but are not limited to, genitals, buttocks, thighs, or female breasts. If the statute refers to “sexual activity,” it includes both sexual conduct and sexual contact.
- What Crimes Make You a Sex Offender?
If you’re convicted of a felony-level offense under Chapter 2907, you’re considered a sex offender in Ohio subject to registration on the Ohio Sexual Offender Registry. Most Chapter 2907 misdemeanor convictions also make you a sex offender in Ohio. There are some limited exceptions, but the general rule is that you’re a sex offender if convicted under Chapter 2907. Sexual offender status attaches to crimes such as rape, sexual battery, sexual imposition, pandering, compelling prostitution, production of child pornography, child endangerment, kidnapping with sexual motivation, sexual assault, and statutory rape. The only difference is the tier you’re categorized under, either I, II, or III, which dictates your restrictions and length of time on the sex offender registry. Categorization as a sexual offender in Ohio makes you a sexual offender in every state.
- Is a Sex Crime a Felony?
Sometimes. The majority of sex crimes are felonies, especially if the sexual activity involves a minor. Repeat sex offenders are also generally subject to felony-level sex crimes charges. Rape, sexual battery, gross sexual imposition, statutory rape (unless Romeo & Juliet exception applies), and human trafficking are all felonies in Dayton. As a general rule, if the offense involved actual sexual conduct/contact with the victim or the victim was a child, the sex offense is a felony. Sometimes, an experienced Dayton sex crimes defense lawyer can negotiate a plea deal with Montgomery County prosecutors to drop felony charges in favor of a lesser included misdemeanor sex crime.
- Will I Go to Jail for a Sex Crime?
It depends. Most felony-level sex offenders will serve jail time in Dayton, and some are required to serve mandatory minimum sentences. If the victim was a child, you will likely serve jail time. How long you’ll spend in jail depends on the specific facts of the case. Rape, for example, is punishable anywhere from 5 years in prison to life imprisonment without the possibility of parole depending on the facts and subsection under which the offender was convicted. An experienced Dayton sex crimes defense lawyer is essential for mitigating harsh sex crimes sentences.
- What does Consent Mean?
Rape advocacy organizations define consent as “an agreement between participants to engage in sexual activity … [c]onsent doesn’t have to be verbal.” However, Ohio law implies non-consent if the victim was under the age of 16, impaired by alcohol, drugs, or another mental health condition, physically unable to resist the offender (submitted under duress), or was tricked/manipulated into engaging in sexual activity by someone with authority over her. For example, a 15-year-old of sound mind and judgment may verbally agree to engage in sexual activity with her 21-year-old boyfriend, but this is still considered an unlawful sexual encounter because the victim cannot legally consent to the activity at that age.
- What is the Age of Consent in Ohio?
The age of consent in Ohio is 16. Those under the age of 16 cannot legally consent to sexual activity, and it often doesn’t matter if the offender did not know the victim was underage.
- Can I Defend Against Sex Crime Charges?
Yes. There are multiple statutory, procedural, constitutional, and affirmative defenses to sex crimes charges in Dayton. Some of the most common defenses to Ohio sex crimes charges include:
- statute of limitations
- illegally seized DNA evidence
- lack of reliable DNA evidence
- mistake of fact
- lack of mens rea (criminal intent)
Not every defense is applicable to each Chapter 2907 charge, and an experienced Dayton sex crimes defense lawyer must analyze each individual case to determine which defenses apply.
- Should I Call a Dayton Sex Crime Lawyer?
Yes. Call a Dayton sex crimes defense lawyer at the Joslyn Law Firm immediately if you’re being investigated for or charged with a sex crime in Dayton. Even a misdemeanor sex offense conviction still traditionally results in designation as an Ohio Sex Offender. This becomes public knowledge and often results in loss of a job and severe residency and travel restrictions for decades to come. Sex crimes convictions under Ohio Code Chapter 2907 carry some of the harshest direct and collateral consequences in Ohio. Do not speak to the police and waive valuable rights that may result in your eventual conviction. Instead, contact the Joslyn Law Firm immediately at (937) 356-3969 or online for your free and confidential Dayton sex crimes defense consultation.
9. Dayton Sex Crimes Resources
At the Joslyn Law Firm, we strive to ensure Dayton prosecutors respect sex crimes defendants’ rights, adhere to evidentiary limitations, and ensure all parties are heard in a professional environment. Many defendants accused of a sex crime in Dayton are innocent or have a valid procedural defense to sex crimes charges, but this doesn’t mitigate the reality of sexual assault in Ohio. There is hope and help for victims of sexual assault in Dayton who may take advantage of the following resources:
- RAINN – The National Sex Assault Hotline – 1-800-656-4673
- Official Dayton Domestic Violence Services & 24hr Domestic Violence Hotline – (937) 461-HELP (4357) – Resources for victims sexually assaulted by a family or household members
- RACES – Rape advocacy, education, and counseling services
- Dayton Domestic Violence Shelters and Contact Information
- The Ohio Health Sexual Assault Response Network – 24hr hotline and response team for Dayton sex crimes victims.
Resources for those accused of a sex crime are scarce, but help is available at the Joslyn Law Firm. Begin your Dayton sex crimes defense in partnership with the Joslyn Law Firm’s Montgomery County criminal defense attorneys immediately to protect your rights. Call (937) 356-3969 or contact us online for your free, confidential, and non-judgmental Dayton sex offender defense, appeals, or expungement consultation.