Sex Crimes Involving Children
In Ohio, sex crimes are ubiquitous. One study reported that a rate of 87 per 100,000 were sexual assault victims. Unfortunately, children are often victims of these sexual assaults. The Ohio Alliance to End Sexual Violence revealed that as many as 61% of rapes reported to law enforcement involved minors. It adds that the average age of sexual assault victims is fifteen. Considering these alarming statistics, it is no surprise that Dayton, Ohio judges punish sex crimes harshly. The courts punish sex crimes involving children more severely.
A sex crime involving a child is any sex crime that harms someone who is seventeen or younger. Because the law considers harming a child quite heinous, it is typically grounds for a sentence enhancement. In other words, a judge has the discretion to increase the defendant’s sentencing if they sexually abused minors. The sentence and fines further increase if the victim is thirteen or younger.
Ohio Sex Crimes Involving Children Attorney
Sex offenses involving children can be extremely complex. If you have been arrested for any sex crime involving a child in Ohio, contact Joslyn Law Firm. Brian Joslyn at Joslyn Law Firm has years of experience in criminal law, and has the experience and background to effectively defend clients charged with sex offenses.
The Joslyn Law Firm represents clients in communities such as Troy, Fairborn, Beavercreek, Huber Heights, and Piqua. Call (937) 356-3969 to schedule a free consultation with Mr. Joslyn today.
Information Center
- Common Ohio Sex Crimes Involving Minors
- Ohio Defenses For Sex Crimes With Minors
- Additional Resources
Common Ohio Sex Crimes Involving Minors
As frequently as sexual offenses occur, some sexual crimes are more common than others, particularly when they involve children. Common sex crimes involving minors in Ohio include, but are not limited to:
- Section 2907.04 Unlawful sexual conduct with a minor, which is punishable by up to 11 years in prison
- Section 2907.05 Gross sexual imposition, which is punishable by up to 60 months in jail or prison
- Section 2709.03 Sexual battery, which is punishable by up to 8 years in prison
- Section 2907.09 Public Indecency, which is punishable by up to 180 days in jail
- Section 2907.21 Compelling prostitution, which is punishable by up to 11 years in prison
Ohio Defenses For Sex Crimes With Minors
A prosecutor must prove the defendant is guilty beyond a reasonable doubt. However, until and unless a jury is convinced that the defendant is guilty beyond a reasonable doubt, they are innocent until proven guilty by a fair trial. Defendants create doubt that the police apprehended and charged the right people by establishing concrete defenses. Some defenses are more plausible and applicable than others, depending on the facts of the case and evidence produced from a thorough investigation. Thus, although these are common and sturdy defenses to sex crime charges, defendants will need a skilled Dayton, Ohio sex crime defense lawyer to offer guidance on which defenses to raise in court.
False Testimony
Regrettably, some alleged victims lie about what someone has done to them. Children are not exempt, particularly teenagers. Sometimes, adults coerce children to lie. Why might people lie about something so egregious? Although the reasons vary, it is usually a matter of revenge. In some cases, one parent may coerce their child into lying about sexual abuse to achieve a more favorable outcome in a child custody case. Thankfully, the defendant may prove false testimony by pinpointing inconsistencies and insufficient evidence and offering an alibi.
Mistaken Identity
It is not uncommon for the accused to be a victim of mistaken identity. There is an issue of mistaken identity when the defendant, who did not commit the crime, shares similarities with the actual perpetrator. For example, the wrongfully accused person may have a similar height, weight, eye color, or hair as the actual perpetrator. However, unique differences can prove that the accused is not the right person. Witnesses who can verify that the accused was with them or elsewhere during the crime’s commission can also prove when there is a case of mistaken identity.
Statute Of Limitations
Most crimes have a statute of limitations. A statute of limitations is the deadline by which the state may press charges against the suspect. The statute of limitations goes into effect the instant the sexual assault occurs. Once this deadline passes, the law bars the state and victim from filing charges. However, this defense may not be as readily applicable to sex crimes involving a minor charge because the statute of limitations clock only begins to run once the victim reaches the age of majority—eighteen. Thus, a seven-year-old victim has until the age of thirty-eight to report the crime.
Suppose the alleged crime is compelling prostitution, with a 20-year statute of limitations. Suppose it occurred on November 1, 1970, allegedly. The alleged victim was eight. The victim decided to file press charges against the accused on November 3, 2000. Although the supposed victim had twenty years to bring this claim, she is two days too late. In this case, the judge must dismiss the case for violating the statute of limitations.
Statute Of Limitations For Sex Crimes
- Unlawful sexual conduct with a minor – 20 years
- Gross sexual imposition – 20 years
- Compelling prostitution – 20 years
- Sexual battery – 25 years
- Rape – 25 years
Marriage
Dayton, Ohio law permits a minor as young as sixteen to marry if her parents give their consent. Men must be eighteen or older to marry. Due to the age of marital consent, marriage can be a defense where the supposed victim otherwise willingly agreed to engage in sexual conduct with the accused. The married couple must not be legally separated, pending divorce, nor annulment during the alleged sexual misconduct for this defense to apply.
Remember that marriage is not a defense where the victim claims the defendant raped her or used force against her wishes. Marriage is never a defense to rape. Married victims of sexual assault may still bring charges against their spouses.
Additional Resources
Center For Survivors Of Sexual Violence – This Dayton, Ohio website provides information regarding counseling, body talk, trauma-informed yoga, and other services pertaining to sexual violence healing.
Ohio Alliance To End Sexual Violence – This Ohio website provides information surrounding stopping child sexual abuse, resources for child survivors of sexual abuse, and statistics relating to child sexual abuse.
Ohio Sex Crimes Involving Children Lawyer | Joslyn Law Firm
If you are facing charges for sex crimes involving children, you must move quickly to retain quality defense counsel to represent you. There are many factors involved in these cases, making it especially important that you have a knowledgeable attorney by your side. Brian Joslyn at Joslyn Law Firm has garnered a reputation as a top defender in sex crime cases, and is prepared to review and evaluate your case.
Call (937) 356-3969 to schedule a free consultation today. Joslyn Law Firm helps individuals facing OVI charges in Dayton and surrounding areas such as as Xenia, New Carlisle, and Springfield.
