Sexual Battery
In the state of Ohio, sexual battery is a felony offense that can possibly result in a mandatory prison sentence, having to register as a sex offender, and/or substantial fines. This is not to mention that a sexual battery conviction carries an enormous stigma that creates tremendous shame and affects all other areas of an individual’s life.
As with the allegations in any sex crime, a case of alleged sexual battery requires intense investigation. The prosecution bears the burden of proving the accused individual’s guilt beyond a reasonable doubt, and an experienced criminal defense attorney can determine the elements of a particular case that will be most difficult to prove in a court of law.
Dayton Sexual Battery Lawyer
If you are facing sexual battery charges in Montgomery County, you should contact the Joslyn Law Firm as soon as possible. We help individuals accused of sexual battery in Dayton as well as Piqua, Kettering, Xenia, and Huber Heights.
Our firm understands the concerns that people have after being charged with sexual battery, but we treat every one of our clients with the utmost compassion and empathy. You can comfortably discuss the specifics of your case with the Joslyn Law Firm during a free, confidential consultation we provide when you contact our firm at (937) 356-3969 or send us a message online.
Montgomery County Sexual Battery Information Center
- Ohio Definition of Sexual Battery
- Penalties for Sexual Battery in Dayton
- Ohio Sexual Battery Defenses
Ohio Definition of Sexual Battery
Under Ohio Revised Code § 2907.03, there are 13 different definitions of sexual battery. They include:
- The alleged offender knowingly coerced the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
- The alleged offender knew that the other person’s ability to appraise the nature of or control the other person’s own conduct was substantially impaired.
- The alleged offender knew that the other person submitted because he or she was unaware that the act was being committed.
- The alleged offender knew that the other person submitted because the other person mistakenly identified the alleged offender as the other person’s spouse.
- The alleged offender was the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
- The alleged offender is or was in custody of law or a patient in a hospital or other institution, and the alleged offender had supervisory or disciplinary authority over the other person.
- The alleged offender is or was a teacher, administrator, coach, or other person in authority employed by or serving in a relevant school, the other person is or was enrolled in or attends or attended that school, and the alleged offender was not enrolled in and does not attend that school.
- The other person is or was a minor, the alleged offender is or was a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is or was enrolled in or attends that institution.
- The other person is or was a minor, and the alleged offender is or was the other person’s athletic or other type of coach, is or was the other person’s instructor, is or was the leader of a scouting troop of which the other person is a member, or is or was a person with temporary or occasional disciplinary control over the other person.
- The alleged offender is or was a mental health professional, the other person is or was a mental health client or patient of the alleged offender, and the alleged offender induced the other person to submit by falsely representing to the other person that the sexual conduct is or was necessary for mental health treatment purposes.
- The other person is or was confined in a detention facility, and the alleged offender is or was an employee of that detention facility.
- The other person is or was a minor, the alleged offender is or was a cleric, and the other person is or was a member of, or attends, the church or congregation served by the cleric.
- The other person is or was a minor, the alleged offender is or was a peace officer, and the alleged offender is or was more than two years older than the other person.
Penalties for Sexual Battery in Dayton
Under Ohio law, a sexual battery conviction is a third-degree felony. This can result in a prison sentence of at least one year up to five years and/or fines of up to $10,000.
Additionally, if the alleged victim was younger than 13 years old, then a sexual battery conviction is a second-degree felony. This can result in a mandatory prison sentence of at least two years up to five years and/or fines up to $15,000.
Ohio Sexual Battery Defenses
There are multiple affirmative, pretrial, and/or trial defenses that are applicable in Dayton sexual battery cases. Some of these defenses may include, but are not limited to:
- Consensual sexual activity — The other person consented to sexual interaction with the alleged offender.
- False allegations — The alleged offender has either been misidentified or the other person has been dishonest about what occurred.
- Police misconduct — The alleged offender’s constitutional rights were violated if police obtained evidence illegally or tainted evidence, regardless of whether it was done intentionally.
- Language barriers — In certain cases, it may be possible to prove that there was a misunderstanding because the alleged offender and the other person spoke two different languages.
- Insanity plea — An alleged offender may be able to argue that he or she suffers from a mental illness that prevented him or her from understanding that his or her actions were against the law.
There are two important aspects that cannot be used as defenses against sexual battery in Ohio. If the charges against you involve a child, you cannot use your not knowing their age as a defense. Additionally, your relationship to the alleged victim cannot be a defense if that person is your spouse or domestic partner.
Find the Best Sexual Battery Lawyer in Dayton
Sexual battery charges can be extremely overwhelming ordeals. The Joslyn Law Firm understands the stress that such allegations place on individuals, and we fight for clients in Dayton and surrounding areas like New Carlisle, Fairborn, Troy, Springfield, and Beavercreek.
If you have been charged with sexual battery in Montgomery County, you should immediately begin having established criminal defense attorneys review your case. When you contact our firm at (937) 356-3969 or send us a message online, we will schedule a free consultation that allows us to outline how we can help you secure the most favorable possible outcome to your case.
