Sexual Imposition Defenses In Dayton
Sex crimes are serious charges, and they can have long-lasting, devastating effects on an individual’s life. If convicted, the consequences of the conviction can last for the rest of your life. If you have been accused of a sex crime in Ohio or are currently engaged in the legal process, you must mount a strong defense to combat the allegations immediately. When you need an established and experienced criminal defense attorney, your first call should be to Joslyn Law Firm. We have been recognized across the state and the nation for our defense of those charged with sex offenses. It is important to remember that in all cases, even in sex offense cases, that you are innocent until proven guilty. Joslyn Law Firm has tried more than 20,000 criminal cases, and we know how to present the best defenses to have your charges dismissed or reduced.
Award-Winning Representation In Ohio
Joslyn Law Firm has been acknowledged as one of the top criminal defense firms in Ohio. When you hire us to defend you against a sexual imposition charge, we dedicate ourselves to pursuing the best outcome for your case. Our experienced team will use all defenses available to Ohio sexual imposition charges and raise any constitutional, affirmative, procedural, and evidentiary defenses applicable to your case to achieve the best result. Specifically, there may be certain powerful defenses available to you. A solid defense strategy might result in the reduction of your charges, the dismissal of your case, or a finding by the jury of not guilty. Regardless of your background or the accusations you face, Joslyn Law Firm will fight for you. Call Joslyn Law Firm at (937) 356-3969 or contact us online at our website to learn more.
Dayton Sexual Imposition Information Center
- What Is Sexual Imposition?
- Penalties For Sexual Imposition In Dayton
- Common Sexual Imposition Defenses
- Resources For Defenses To Sexual Imposition Charges In Ohio
- Sexual Imposition FAQ
- Dayton Ohio Sexual Imposition Defense Lawyer
What Is Sexual Imposition?
Sexual Imposition
In Ohio, depending on the circumstances, you may be charged with sexual imposition or gross sexual imposition. Each specific offense comes with its own set of circumstances that must be addressed should criminal defense become necessary.
In Ohio, you have committed sexual imposition you make unlawful sexual contact with someone who is not your spouse or have someone else make sexual contact with them in the following circumstances:
- You know or should know that the alleged victim finds the sexual contact to be offensive;
- You know that or more of the individuals involved is so impaired that they are unable to determine the nature of your contact or control it;
- You know that the alleged victim is unaware of the sexual contact;
- One of the people involved in the sexual contact is at least 18 years old or is four or more years older than the alleged victim, and the alleged victim is between 13-15 years old, whether you are aware of the other’s age or not; or
- You are a mental health professional, and the alleged victim is your patient or client.
Gross Sexual Imposition
You commit gross sexual imposition when you make unlawful sexual contact with someone who is not your spouse or have someone make contact in the following circumstances:
- You purposely force one or more people to submit to sexual contact by force or threat of force;
- You knowingly impair the judgment or control by drugging another person to prevent resistance to the sexual contact;
- You know another person’s judgment or control is impaired, either by your doing, the person’s own doing, or as the result of a medical procedure; or
- The alleged victim is impaired mentally, physically, or both due to old age and unable to resist or consent to the sexual contact;
- You purposely have sexual contact with a person younger than 13 years old regardless of whether you are aware of the minor’s age or not; or
- You knowingly touch the genitalia of a person less than 12 years old to abuse, humiliate, degrade, or arouse that person regardless of whether you are aware of the person’s age or not.
Penalties For Sexual Imposition In Dayton
Depending on the circumstances and facts of the specific sexual imposition case, you may face 180 days of imprisonment and a $1,000 fine.
Concerning gross sexual imposition, the penalties are more severe than those for sexual imposition. If convicted, you may be sentenced to up to 60 months in prison and ordered to pay a $10,000 fine. As gross sexual imposition convictions are felonies, you will be added to the Ohio sex offender registry.
Common Sexual Imposition Defenses
Consent
Keep in mind that for you to be found guilty of most sex crimes in Ohio, the prosecutor must show that your alleged sexual activity was non-consensual, meaning that the alleged victim did not (or could not) consent to your actions. Unless the person was underage, incapacitated, or disabled, you might argue that they consented. However, the legal concept of consent is not based on whether you believe that the victim consented. Instead, it is based on whether a reasonable person in your situation would have believed that the alleged victim consented.
Marriage
Under Ohio law, most sex crimes require that your sexual offenses be committed against a non-spouse. If you were married and living with your spouse at the time of the alleged offense, you cannot be prosecuted for most sexual offenses.
Statute Of Limitations
A statute of limitations is the amount of time after an offense has occurred—or other circumstance as established by law—that someone may properly initiate a case in court. In Ohio, the statute of limitations prevents any case from being brought against you if too much time has passed, with some exceptions. Each sex crime listed in the Ohio Code has a certain period in which the prosecutor must pursue charges. If the prosecutor brings the charges too late, your attorney can argue for your case to be dismissed on those grounds alone.
Unfair Criminal Proceedings
If you have been charged with a crime, you have rights under the United States and Ohio Constitutions protecting you from unfair criminal proceedings. If the prosecutor does not obtain an indictment against you, you are not provided with legal counsel to defend you, or you are held in jail for months or years awaiting trial, then your defense attorney can argue that your constitutional rights have been violated, which it could result in the dismissal of your case.
Violation Of Your Fourth Amendment Rights
Under the Fourth Amendment of the United States Constitution, you have the right to be protected from Dayton police’s unlawful searches and seizures. This means that in most cases, police and other law enforcement personnel must obtain a search warrant which authorizes them to enter your home to gather that evidence. In some cases, police rely upon bad information when attempting to obtain a warrant. Even without a warrant, the police might still try to obtain evidence unlawfully. Law enforcement personnel may unlawfully obtain evidence through the wrongful search of your property or by the threat of arrest to gain access to your home.
If the police have obtained any evidence without a warrant or any other valid exception, then any evidence obtained from their unlawful search and seizure could be excluded at trial. If the evidence is successfully excluded, that evidence cannot be used against you in court.
Rape Kit Defense
The longer the time between an alleged sex offense and the collection of DNA evidence, the greater the chances of collecting inaccurate data or samples unassociated with the alleged perpetrator. Even specialized testing kits are only reliable if the evidence is gathered within six weeks of the alleged sexual encounter. Any significant delays in the alleged victim’s forensic examination could mean that vital DNA evidence that could serve to exonerate you may be lost or corrupted. If collection and submission of the evidence have been delayed, your attorney will argue that the delayed forensic examination should be inadmissible.
False Accusations
If someone has submitted a false accusation of a sex crime against you for any reason, and if you provide evidence that shows that the allegation is false (e.g. a phone message from the alleged victim who suggests that they are going to ruin you over a breakup), then your case could be dismissed, and the alleged victim could even face criminal charges.
Mistaken Identity
Sex oftentimes occurs between strangers, and it is not difficult for mistakes in identity to happen. If you have been mistakenly identified as having committed the offense against the alleged victim, then your attorney should present all available evidence or arguments establishing that you have been misidentified.
Additionally, if, in a case of mistaken identity, the police unfairly target you and persuade the alleged victim to choose you out of the lineup, then the police could have violated your rights.
Insufficient Evidence
In some cases, the prosecution may not have enough evidence to support charges against you. In another, an attorney successfully argued that the available evidence supporting a charge is inadmissible, and the judge throws the evidence out. In both circumstances, there is not enough evidence to support the charges, so the case should be dismissed. This could cause the prosecutor to drop their case against you because there is not enough evidence to convince the judge or jury of your guilt.
Alibi
An alibi is a defense to a criminal charge that establishes that the accused was somewhere else other than the scene of a crime at the time the offense was committed. If your defense attorney can prove that you were somewhere else at the time of the crime, they can show you could not have committed the offense. Evidence such as credit card receipts showing date, time, and location can be used to establish an alibi. For example, you are accused of committing a sex crime in Philadelphia at 1:00 pm on a specific day. To counter the allegation, the defense attorney presents a credit receipt that proves that the defendant was at a gas station in New York at the same time and on the same day as the offense. If the evidence is found to be true, the charges may be dropped.
Affirmative Defenses
An affirmative defense involves admitting to committing an offense but arguing that some specific circumstance occurred which caused you to commit the offense. For example, an individual has been charged with sexually exploiting a minor. The law states that you can be found guilty of sexually exploiting a minor regardless of your knowledge of the minor’s age. However, if you genuinely tried to determine the alleged victim’s true age by asking for their driver’s license, then your attempt to determine their age could be construed as an affirmative defense.
Resources For Defenses To Sexual Imposition Charges In Ohio
Ohio Revised Code § 2907.06
Ohio Revised Code § 2907.06 describes how Ohio defines sexual imposition, charges the offense, and penalizes offenders. The Code’s sex offenses section contains clear definitions of terms commonly used throughout the state’s sexual imposition law. Additionally, section 2907.06 explains how prior pleas and convictions of other Ohio crimes can affect charges and penalties, with links to more provisions within the Ohio Revised Code that further describe those offenses.
State of Ohio v. Robert E. Robertson
The issue in State of Ohio v. Robert E. Robertson involved whether Ohio Revised Code § 2907.01(B)’s definition of sexual contact—touching of an erogenous zone of another person—also includes touching without actual contact because the touching happens over one’s clothing.
Robertson filed a motion to dismiss the charges because the sexual contact, in that case, occurred over clothing. The Ohio Supreme Court denied Robertson’s motion and affirmed the trial court’s ruling that sexual touching could still occur over clothing.
Montgomery County Prosecuting Attorney’s Office Sexual Offender Unit
Montgomery County created the Sex Offender Compliance Unit, or SOCU, in July 1998 to ensure offender compliance with the sex offender laws of Montgomery County and the greater Ohio Area. SOCU assists other Ohio law enforcement agencies in ensuring that offender information is reliable and available to the public.
Ohio Attorney General Victim Services Directory
Ohio Attorney General Dave Yost’s Victim Services Directory provides a wealth of resources to victims of crimes throughout the state. The directory is searchable, including addresses, contact information, maps, and links to each resource website.
Sexual Imposition FAQ
What Are Some Defenses To Sexual Imposition?
Common defenses to sexual imposition include:
- Marriage
- Lack of corroborating evidence
- False accusations
- Violations of the Fourth Amendment (unlawful searches and seizures)
- Alibi
- Mistaken identity
- Lack of knowledge/involuntary movement
- Rape kit defense
- Consent
- Statute of limitation
- Unfair court proceedings
A Joslyn Law Firm sexual imposition defense attorney will raise any of the available evidentiary, affirmative, constitutional, and procedural defenses that might apply to your specific case.
Is Marriage A Defense Against Sexual Imposition Allegations In Dayton?
Yes, marriage is a complete defense against sexual imposition charges in Ohio. However, the defense only applies if the parties involved were legally married and living together at the time of the alleged sexual contact.
How Can I Prove That Contact Was Non-Sexual If I Am Charged With Sexual Imposition?
The law acknowledges that a person might accidentally touch another individual without intending to make sexual contact. Ohio law establishes that the burden of proof regarding the nature of the alleged conduct rests on the prosecution, not the defense. The prosecution must prove beyond a reasonable doubt that the alleged contact was sexual.
Additionally, Ohio law prohibits convicting a person of sexual imposition solely based on the victim’s testimony. If the prosecution does not supply substantial corroborating evidence to support the victim’s claim, the case will likely be dismissed.
Can I Claim Lack Of Knowledge As A Defense Against Sexual Imposition Charges In Dayton?
Yes, lack of knowledge can be raised as a defense against some kinds of sexual imposition in Dayton. For example, to prove sexual imposition took place or that you knew that the alleged victim found the sexual contact to be offensive.
However, there are some circumstances where lack of knowledge cannot be used as a defense against sexual imposition or gross sexual imposition charges. These circumstances include:
- One of the people involved in the sexual contact is at least 18 years old or is four or more years older than the alleged victim, and the alleged victim is between 13-15 years old
- You purposely have sexual contact with a person younger than 13 years old; or
- You knowingly touch the genitalia of a person less than 12 years old to abuse, humiliate, degrade, or arouse that person.
Where Can I Find More Information About Sexual Imposition Defenses In Dayton?
You can learn about Ohio’s sexual imposition law by visiting the Ohio Laws & Administrative Rules page. There, you can read Ohio Revised Code § 2907.06, which explains how Ohio defines, charges, and penalizes sexual imposition cases. The online text for this law also links to other Ohio offenses that might affect how you are charged for sexual imposition. Finally, Ohio Revised Code § 2907.01 provides definitions for all the terms you might encounter when researching Ohio’s laws regarding sex offenses or mounting a defense in court.
Dayton Ohio Sexual Imposition Defense Lawyer To Protect Your Rights
When you need legal assistance, experience matters. Having an experienced sexual imposition defense attorney on your side will aid your defense to ensure you are treated fairly and lawfully throughout the process. The dedicated Dayton rape defense attorneys at Joslyn Law Firm know what to expect, including how to effectively defend you and protect your rights. Contact our Dayton office today online or by calling (937) 356-3969 for your free and confidential Ohio defense consultation.
