Sexual Imposition
In Ohio, accusations of unwanted sexual contact can be devastating to an individual’s life. Sexual contact accusations can tarnish an individual’s reputation in many ways. Depending on the facts of the case, the truth of the accusation, and the success of the accused in court, an accused person might be deemed a sex offender, placing the individual on the Ohio sex offender registry, sometimes for life. Placement on the sex offender registry can result in catastrophic effects on the accused’s social, family, and employment life. Because the potential consequences of a sexual imposition offense are so severe, it is necessary to mount a solid defense against those accusations. To ensure that your defense is strong, you should hire a criminal defense attorney so that your rights, your liberties, and your reputation are protected. The experienced Dayton criminal defense attorneys at Joslyn Law Firm are here to help you with your sexual imposition case defense.
Choosing The Right Dayton Sexual Imposition Defense Lawyer
In Ohio, there are many kinds of sexual offenses that one might be accused of or charged with. While it might seem easy to understand at first glance, Ohio sex crimes can be difficult to understand and sometimes even harder to apply. While some charges have more profound consequences than others, accusations and convictions for sex crimes can have lasting harmful effects. Experienced criminal defense attorneys understand Ohio sex crimes law and will help you navigate the process. At Joslyn Law Firm, our Dayton criminal rape defense attorneys understand Ohio sexual assault law and will fight for you. Contact us online or call (937) 356-3969 for your free and confidential sexual imposition defense consultation.
Dayton Sexual Imposition Information Center
- What Is Sexual Imposition?
- Sexual Imposition Penalties
- What Is Gross Sexual Imposition?
- Gross Sexual Imposition Penalties
- What Should I Do If I Am Arrested For Sexual Imposition?
- Ohio Criminal Court Process
- Ohio Resources For Sexual Imposition Offenses
- Hiring A Dayton Sexual Imposition Defense Attorney
What Is Sexual Imposition?
In Ohio, there are two separate categories of sexual imposition: sexual imposition and gross sexual imposition. At first glance, these two offenses appear quite similar. However, while the two share some similarities, they each come with different elements to prove and penalties if committed. You commit sexual imposition when you make unlawful sexual contact with someone who is not your spouse or have someone else make sexual contact with them.
What Constitutes Unlawful Sexual Contact?
Ohio law establishes that unlawful sexual contact is touching another’s erogenous zones (such as genitals, thigh, buttock, or breast areas) for the purposes of the offender’s or the other’s sexual arousal or gratification without the other’s consent.
Sexual Imposition Law In Dayton
In Ohio, you have committed sexual imposition by having unlawful sexual contact with someone who is not their spouse or have another person 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 one or more of the people involved is so impaired that they are unable to determine the nature of the alleged offender’s 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 the offender is aware of the other’s age or not;
- You are a mental health professional, and the alleged victim is your patient.
Sexual Imposition Penalties
A sexual imposition conviction is a third-degree misdemeanor. If the prosecutor proves the charge beyond a reasonable doubt, the penalty can be a sentence of up to 60 days in prison plus a fine of up to $500. However, a Dayton prosecutor can charge sexual imposition as a first-degree misdemeanor if the defendant had been previously charged with another sex crime such as sexual imposition, gross sexual imposition, rape, sexual battery, or sexual conduct with a minor. If you have been previously charged with one or more of those sex crimes, you may be sentenced to jail for up to 180 days and a $1,000 fine.
What Is Gross Sexual Imposition?
Gross sexual imposition has the same base definition as sexual imposition. The crime occurs when you have unlawful sexual contact with someone you are not married to or have someone else make sexual contact with them. Compared to sexual imposition, the actions which amount to gross sexual imposition are different and subject to far more severe consequences. Your conduct rises to gross sexual imposition in the following circumstances:
- You make one or more people 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 by the offender’s doing, the person’s own doing, or as the result of a medical procedure;
- The alleged victim is impaired mentally, physically, or both due to old age and unable to resist or consent to the sexual contact;
- You intentionally 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 their age or not.
Gross Sexual Imposition Penalties
The punishments for gross sexual imposition are more severe than those for sexual imposition. If any of the violations listed above occur, you will likely be subject to felony charges and possible convictions. Most of the above violations constitute a fourth-degree felony in Ohio. This means that anyone who has been charged and convicted of these violations will be subject to up to 18 months in prison and fines of up to $5,000. In addition, gross sexual imposition convictions require required you to be registered on the Ohio sex offender list.
However, if you drug someone to achieve sexual contact or engage in sexual contact with a minor 13 years old or younger, those violations become third-degree felonies. Third-degree felony gross sexual assault carries penalties of up to 60 months in prison and a $10,000 fine. For third-degree felony gross sexual imposition where there is evidence of two or more prior convictions or guilty pleas for gross sexual imposition, rape, felonious sexual penetration, or sexual battery of a minor less than 13 years old, the court must impose a mandatory minimum prison term according to Ohio Revised Code § 2929.14 3(a).
What Should I Do If I Am Arrested For Sexual Imposition?
Do not speak to the police or other law enforcement until your attorney has arrived to represent you and protect your rights. If you are arrested for rape in Dayton, you should:
- Invoke your Fifth Amendment right to silence
- Immediately request an attorney
- Immediately call an experienced Dayton rape defense lawyer at Joslyn Law Firm at 937-356-3969
Law enforcement personnel are motivated to solve crimes and obtain convictions, and your words may be misinterpreted, which might hurt your rights and legal defense. During the arrest and following proceedings, remember you are innocent until proven guilty. If you have been arrested, it is vital that you retain an attorney to represent your rights and interests in the proceedings that follow.
Ohio Criminal Court Process
After being arrested, the court will process you through the criminal system. Depending on the nature of the offense and the court’s caseload, the full length of the process will vary. The court process for sex crimes varies slightly for each kind of offense. While the process for some sex crimes requires additional proceedings, such as for additional evidentiary hearings and certain testimonial considerations, most sex crime court processes are the same as for other criminal proceedings.
Indictment
Under the Fifth Amendment, felony charges require an indictment by a grand jury before charges can be filed. Because of the severity of a rape charge and the allegations involved, a grand jury is created to determine if there is sufficient evidence to support a rape charge.
Initial Appearance/Arraignment
Here, the defendant is informed of the charges against them, notified of certain legal rights, asked how they plead to the charges (guilty or not guilty), and an amount of bail is set if the court finds necessary. If the defendant has not retained an attorney, they may hire an attorney or request a public defender.
Discovery
Prosecutors must provide all relevant evidence that they intend to use against you in court. The defense must also disclose the evidence it intends to use at trial as well.
Pretrial Motion Hearings
Pretrial hearings address issues that occur during the discovery phase and must be addressed before the trial begins. For up until a week before trial, either party may request a hearing on a motion regarding issues such as the dismissal of a case for constitutional violations, illegal or improper evidence, or other court-granted relief.
Private Evidentiary Hearings For Gross Sexual Imposition
These hearings are performed privately between the parties, counsel, and the trial judge to consider the admissibility of certain kinds of evidence. Generally, these evidentiary issues include sensitive information such as the sexual history of the victim and the defendant. At the end of the parties’ arguments, the trial judge will decide if the evidence will be admitted, admitted with limitations, or barred from the trial. These evidentiary hearings prevent the jury from hearing inadmissible evidence that might cause bias against one or both of the parties.
Final Pretrial Hearing
The trial judge will address any final motions from both parties and set the matter for trial.
Voir Dire (Jury Selection)
In the jury selection process, attorneys for both the prosecution and the defense interview jury members for placement on the final trial jury. The attorneys ask questions about preferences, life experiences, experiences in court, and other questions that may affect how the potential jury member might act. Each side has a certain number of members they can “strike” or request to be dismissed from jury duty.
Opening Statements
The prosecution presents its opening statement first, followed by the defense. The presentations provide a “roadmap” for each of the parties’ cases. The statements address issues like parties’ burdens of proof, witnesses, and evidence that the jury may hear during the trial and other issues relevant to the case to be tried.
Case-In-Chief
The case-in-chief is a party’s main case presented to the jury. The prosecution goes first, with the defense “cross-examining” or questioning each of the prosecution’s witnesses after testifying. Cross-examination allows an opposing party to weaken the other party’s case or gain valuable information. After the prosecution presents their case-in-chief, the defense presents their case, with the prosecution cross-examining witnesses.
Closing Statements
After each party has finished presenting their case-in-chief, each party’s attorneys give a closing statement. Closing statements are a final opportunity for each side’s attorneys to convince the jury of the defendant’s guilt or innocence. These statements often summarize what each party has said or has proven throughout the case and how that affects the jury’s decision. The defense will generally present their closing argument first, followed by the prosecution. Following the prosecution’s closing statement, the defense is allowed a final rebuttal (a response to the prosecution’s closing statement).
Jury Instructions
After each party’s closing statement, the judge gives jury instructions. Jury instructions are a statement of Ohio rape law—agreed upon by both prosecution and defense— that is read by the judge to the jury. The jury will use these instructions while determining the guilt or innocence of the defendant.
Verdict
The jury leaves the courtroom and deliberates among the other jurors on how they rule. These deliberations may last hours or days, but an unanimous decision must be reached by the jury. If the jury cannot unanimously agree, they are considered a “hung jury.” If the jury hands down a verdict of “not guilty,” you will be released from the court, and the trial concludes.
Sentencing
If the jury finds the defendant guilty, the defendant will be held in jail until the sentencing hearing. Here, the court reviews the sentencing laws and determines if there are any aggravating factors present that may increase the penalty for the specific conviction. An example of an aggravating factor is the presence of one or more past serious sex crime-related convictions in the defendant’s criminal history.
Appeal
Following the sentencing, a criminal defense attorney can appeal all preserved aspects of the case to the Ohio Court of Appeals, the Ohio Supreme Court, and the Supreme Court of the United States. If the defendant wishes to appeal the conviction, they must hire a private defense attorney. While the Fifth Amendment provides a right to a public defender, the Amendment does not apply to appeals. A defense attorney may also assist you with post-conviction petitions if your case requires.
Ohio Resources For Sexual Imposition Offenses
State V. Bevly, 142 Ohio St.3d 41, 2015-Ohio-475
Bevly involves evidence of other past sex crime guilty pleas and convictions and their effect on sentencing. Ohio law says that if an alleged victim can supply additional evidence of an alleged offender’s past sex crimes, the court may be required to impose certain mandatory sentences. In Bevly, the defendant was convicted and subject to mandatory sentencing. The defendant appealed the conviction to the Ohio Supreme Court. The court held that imposing mandatory sentences in cases where the alleged victim has supplied additional corroborating evidence violates a defendant’s due process rights.
Lemmon V. State, 985 F.2d 560 (6th Cir. 1993)
Lemmon involves a defendant’s Sixth Amendment right to confrontation, meaning that a defendant can face their accuser and obtain evidence from them, usually through cross-examination in court. In Lemmon, the court excluded evidence that the alleged victim had made false and unsubstantiated sexual assault claims in the past. Ultimately, the Northern Ohio Federal District court ruled that excluding the prior false claims evidence violated the defendant’s confrontation right. The court even went as far as to say that “the state trial court’s improper exclusion of evidence that the alleged victim had a history of making false charges of rape ‘probably resulted in the conviction of one who is actually innocent.’”
Hiring A Dayton Sexual Imposition Defense Attorney
The experienced criminal defense lawyers at Joslyn Law Firm have successfully handled over 20,000 criminal cases and have been consistently recognized as one of Ohio’s best criminal defense firms. When you need legal assistance, you will want someone who has experience in matters such as yours. 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 Dayton rape defense attorneys at Joslyn Law Firm are prepared to aggressively 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.
