Sexual Battery
Ohio statutes define sexual battery as engaging in sexual conduct with someone who is not that person’s spouse when:
- It’s forced
- The victim is mentally impaired
- The victim is unaware of what’s happening
- The victim mistakenly believes the perpetrator is their spouse
- The perpetrator stands in loco parentis (i.e., in place of the parent) over the victim
- The perpetrator has custody over the incarcerated or institutionalized victim
- The victim is the perpetrator’s student
- The perpetrator is a mental health professional and leads the victim to believe the sexual intercourse between them is necessary for treatment purposes
- The perpetrator is an officer, and the victim is a minor who’s at least two years younger than the perpetrator
A conviction for sexual battery usually results in a prison sentence. Additionally, you will be labeled as a sex offender in Ohio. This label can follow you around for the rest of your life, severely limiting your opportunities for employment and housing.
Ohio Sexual Battery Defense Attorney
If you are facing sexual battery charges in Ohio, do not speak to prosecutors or investigators without retaining a sexual assault defense attorney. Sexual battery is a serious offense with penalties that can severely damage and limit your freedom and reputation. Do not leave your future at stake.
Dayton criminal defense attorney Brian Joslyn at Joslyn Law Firm represents clients accused of sexual offenses all over Montgomery County, Greene County, Clark County, and Miami County. Call (937) 356-3969 right now to have him review your case and discuss all of your legal options.
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Sexual Battery Penalties
Ohio considers sexual battery a serious offense. It is a third-degree felony. Usually, an Ohio judge may punish a third-degree felony with sentences of 9-36 months. If a jury found this offender guilty at least twice before, or the offender pleaded guilty at least twice before, the consequences become more severe. In the case of prior guilty verdicts, the judge will impose a mandatory minimum of 12-60 months. The offender shouldn’t expect to negotiate an early release because state law requires this sentence to be definite.
If the victim is twelve or younger, this crime escalates into a second-degree felony. The court treats second-degree felonies uniquely. The following potential penalties apply if the guilty person committed the offense on or after April 12, 2021. The judge has the discretion to sentence you to an indefinite term. However, the person’s mandatory minimum must be two to eight years. Otherwise, the judge may sentence the individual to a definite term of two to eight years if that person committed the crime before April 12, 2021.
Common Sexual Battery Defenses
In the United States, a person is innocent until a jury finds that person guilty. Therefore, every crime must have defenses. Defenses are necessary to protect the rights and privileges of falsely accused, otherwise innocent people. Please see the frequently used defenses for sexual battery.
Mistaken Identity
Unfortunately, some people accused of committing a sex crime are victims of mistaken identity. The accused individual may look like the actual perpetrator. The perpetrator may have worn a mask during the battery, so the victim isn’t sure of their appearance. In either instance, police may arrest the wrong person. If the police arrest the wrong person, this person may raise this defense.
A victim of mistaken identity may prove this is the matter by showing discrepancies between their appearance and the assailant’s appearance. Often, the discrepancies are minor but significant differences. For example, supposed the sexual battery victim stated the assailant had a sleeve tattoo on their left arm and green eyes. The victim adds that the assailant was approximately 5’7 and 180 pounds. In this case, the person mistaken as the perpetrator can point out that they’re 5’5 and 220 pounds, and the single tattoo on their arm can hardly be considered a sleeve.
False Testimony
Sometimes, people lie. This means that the supposed victim may bring a false accusation against a person. A deceitful victim will falsely accuse an innocent person to get revenge. For example, a spurned lover or partner, whom the suspect cheated on, may accuse the suspect of sexual battery. If this happens, it’s best to support a false testimony defense by revealing the alleged victim’s ulterior motives.
Marriage
Marriage is a viable defense to sexual battery. A girl as young as sixteen may marry if her parents consent. Thus, if the alleged victim and the accused are lawfully married during the offense, the state would drop the charges or throw out the case. The married couple cannot be legally separated, pursuing an annulment, or getting divorced when sexual misconduct occurs.
Although these are common defenses for sexual battery, certain defenses will be inapplicable due to the circumstances surrounding the accused’s case. Moreover, depending on the evidence, certain defenses may be more advantageous than others.
Sexual Battery Statute Of Limitations
The majority of crimes have a statute of limitations. The statute of limitations is the deadline by which the state must file charges. The clock for this deadline starts on the date of the crime. If the state fails to bring charges by the crime’s deadline, it is barred from pursuing charges. For example, suppose a prosecutor must file charges by September 3, 2024, but waits until September 4, 2024. In this case, it is too late. The alleged perpetrator will win against the judicial system for this reason alone.
In the matter of sexual battery, the victim and state must press charges within 20 years of the crime. Bear in mind that the clock doesn’t start to run until the victim is eighteen years old. This is good news for victims who were children during the heinous act. Often, children are less likely to come forward. Sexually abused children often blame themselves or try to forget the awful deeds the assailant did to them. Thus, the statute of limitations could pass when the children don’t feel safe enough to speak with authorities. This fear is especially evident when the assailant is someone the victimized child knows, such as a relative or family friend.
Additional Resources
RAINN Ohio – This website provides legal information surrounding the rape statute in Ohio.
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 Sexual Battery Defense Lawyer | Joslyn Law Firm
If you or someone you care about has been charged with sexual battery, do not hesitate to talk to an Ohio sexual battery lawyer. Failure to act quickly can impede your defense and could impact you for the remainder of your life. Allow Joslyn Law Firm to evaluate your case and then work diligently to ensure that your rights are protected.
Joslyn Law Firm defends individuals in Huber Heights, Kettering, Piqua, Springfield, Troy, Beavercreek, Dayton, Fairborn, and many surrounding areas of Montgomery County. Call (937) 356-3969 to discuss all of your legal options.
