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Rape

Any person convicted of rape in Ohio can face a lifetime of potential consequences. In addition to lengthy prison sentences and large fines, individuals with rape convictions must register as sex offenders for life.

Rape generally involves an alleged offender engaging in sexual conduct by force or threat of force without the consent of an alleged victim. Many people can be accused of this crime as the result of disagreements about consent or other exaggerated or false allegations.

Attorney for Rape Arrests in Dayton, OH

Do you believe that you could be under investigation or were you already arrested for an alleged rape anywhere in Montgomery County? Even if you are completely confident in your innocence, you should still not say anything to authorities without legal counsel. Contact Joslyn Law Firm as soon as possible.

Brian Joslyn is an experienced criminal defense lawyer in Dayton who represents clients accused of sex crimes in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, Fairborn, and several other surrounding communities in the Miami Valley area. You can have our attorney provide an honest and thorough evaluation of your case when you call (937) 356-3969 to schedule a free, confidential consultation.


Overview of Rape Offenses in Ohio


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Rape Charges in Montgomery County

Under Ohio Revised Code § 2907.02, a person commits the crime of rape if he or she engages in sexual conduct with another person when the alleged offender purposely compels the other person to submit by force or threat of force. Rape charges can also result when an alleged offender engages in sexual conduct with another person who is not the spouse of the alleged offender or who is the spouse of the alleged offender but is living separate and apart from the alleged offender, when any of the following applies:

  • For the purpose of preventing resistance, the alleged offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception;
  • The other person is less than 13 years of age, whether or not the alleged offender knows the age of the other person; or
  • The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the alleged offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

Criminal charges for rape are often based solely on the testimony of the alleged victim. Alleged victims do not need to prove physical resistance to the alleged offenders in rape prosecutions.


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Rape Penalties in Dayton

Rape is classified as a first-degree felony in Ohio. Convictions are punishable by:

  • Up to 11 years in prison; and/or
  • Fine of up to $20,000.

If an alleged rape involved the administration of any drug, intoxicant, or controlled substance to the alleged victim surreptitiously or by force, threat of force, or deception to impair the alleged victim’s judgment or control, a conviction can result in a sentence of not less than five years in prison. Any rape in which the alleged victim was less than 13 years of age can result in a term of life imprisonment.

An alleged offender accused of engaging in sexual conduct with another person less than 13 years of age can also be sentenced to a term of life without parole and automatically be classified a tier III sex offender/child-victim offender if:

  • He or she has been convicted of or pleaded guilty to engaging in sexual conduct with another person less than 13 years of age or to violating an existing or former law of this state, another state, or the United States that is substantially similar to Ohio Revised Code § 2907.02(A)(1)(b);
  • During or immediately after the commission of the alleged offense, he or she caused serious physical harm to the alleged victim; or
  • The alleged victim was less than 10 years of age.

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Ohio Rape Crime Resources

YWCA Dayton — YWCA USA is a nonprofit organization dedicated to eliminating racism, empowering women, and promoting peace, justice, freedom, and dignity for all. YWCA Dayton provides free confidential services 24 hours a day, 365 days a year to victims of domestic violence and sexual assault. Visit this website to learn more about the services YWCA Dayton provides, including shelter services, housing, and community outreach.

YWCA Dayton
141 W. Third St.
Dayton, OH 45402
(937) 461-5550

Insight Counseling Center — Womanline is a nonprofit organization that provides high quality, affordable counseling services to women. Insight Counseling Center is a program of Womanline of Dayton, Inc. that offers counseling services for women, especially those with a history of sexual abuse. Visit this website to find information about some of the psychological, social, sexual, and physical consequences of sexual abuse.

4617 Presidential Way
Dayton, OH 45429
(937) 223-3446


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Joslyn Law Firm | Dayton Rape Defense Lawyer

If you were arrested or think that you might be under investigation in the Miami Valley area for an alleged rape, it is in your best interest to immediately seek legal representation. Joslyn Law Firm aggressively defends clients accused of these crimes in communities throughout Montgomery County, Miami County, Clark County, and Greene County.

Dayton criminal defense attorney Brian Joslyn can conduct an independent investigation and fight to possibly have the criminal charges minimized or eliminated. Call (937) 356-3969 or complete an online contact form to have our lawyer review your case and answer all of your legal questions during a free initial consultation.


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