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Sexual Imposition

Sexual conduct without consent will usually lead to an alleged offender being arrested for rape, but nonconsensual sexual contact can result in sexual imposition charges. Ohio Revised Code § 2907.01(B) defines sexual contact as “any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.”

Sexual imposition is ordinarily a misdemeanor offense, but gross sexual imposition involves a person facing felony charges. Convictions for either sexual imposition or gross sexual imposition can result in a person having to register a sex offender.

Attorney for Sexual Imposition Arrests in Dayton, OH

Do you think that you might be under investigation or were you already arrested for an alleged sexual imposition offense anywhere in Montgomery County? You should not say anything to authorities without legal representation. Contact Joslyn Law Firm as soon as possible.

Dayton criminal defense lawyer Brian Joslyn represents clients accused of sex crimes in Clark County, Miami County, Montgomery County, Greene County, and many other nearby communities in the Miami Valley area. Call (937) 356-3969 to have our attorney review your case and help you understand all of your legal options during a free initial consultation.


Overview of Sexual Imposition Crimes in Ohio


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Montgomery County Sexual Imposition Penalties

Under Ohio Revised Code § 2907.06, an alleged offender commits sexual imposition if he or she has sexual contact with another person who is not the spouse of the offender, causes another person who is not the spouse of the offender to have sexual contact with the alleged offender, or causes two or more other persons to have sexual contact when any of the following applies:

  • The alleged offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard;
  • The alleged offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the alleged offender's or touching person's conduct is substantially impaired;
  • The alleged offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact;
  • The other person, or one of the other persons, is 13 years of age or older but less than 16 years of age, whether or not the alleged offender knows the age of such person, and the alleged offender is at least 18 years of age and four or more years older than such other person; or
  • The alleged offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the alleged offender, and the alleged offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

No person can be convicted of sexual imposition based solely upon the alleged victim's testimony unsupported by other evidence. Sexual imposition is generally a third-degree misdemeanor punishable by up to 60 days in jail and/or a fine of up to $500, but a violation can become a first-degree misdemeanor punishable by up to 180 days in jail and/or a fine of up to $1,000 if the alleged offender has been previously convicted of sexual imposition, rape, sexual battery, unlawful sexual conduct with minor, or gross sexual imposition.


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Gross Sexual Imposition Penalties in Dayton

Ohio Revised Code § 2907.05 establishes that an alleged offender commits gross sexual imposition if he or she has sexual contact with another person who is not the spouse of the offender, causes another person who is not the spouse of the offender to have sexual contact with the alleged offender, or causes two or more other persons to have sexual contact when any of the following applies:

  • The alleged offender purposely compels the other person, or one of the other persons, to submit by force or threat of force;
  • For the purpose of preventing resistance, the alleged offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception;
  • The alleged offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery; or
  • The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the alleged offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

Any of the violations listed above constitutes a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000, but the crime becomes a third-degree felony punishable by up to 60 months in prison and/or a fine of up to $10,000 if the alleged offender substantially impaired the judgment or control of the other person or one of the other persons by administering any controlled substance to the person surreptitiously or by force, threat of force, or deception.

Gross sexual imposition is also a third-degree felony if an alleged offender has sexual contact with another person who is not the spouse of the offender, causes another person who is not the spouse of the offender to have sexual contact with the alleged offender, or causes two or more other persons to have sexual contact when the other person, or one of the other persons, is less than 13 years of age—regardless of whether the alleged offender knows the age of that person, or if the alleged offender knowingly touches the genitalia of another person, when the touching is not through clothing, the other person is less than 12 years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. The court must impost a mandatory prison term in accordance with Ohio Revised Code § 2929.14 for a third-degree felony if evidence other than the testimony of the victim was admitted in the case corroborating the violation or the alleged offender was previously convicted of or pleaded guilty to gross sexual imposition, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than 13 years of age.


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Ohio Resources for Sexual Imposition Offenses

State v. Bevly, 142 Ohio St.3d 41, 2015-Ohio-475 — Damon L. Bevly pled guilty to two counts of gross sexual imposition in March 2012, and the state introduced a compact disc recording of Bevly’s alleged confession that the state argued constituted corroborating evidence requiring a mandatory prison sentence under Ohio Revised Code § 2907.05(C)(2)(a). The trial court agreed with Bevly and sentenced him to three years in prison as well as five years of postrelease control, but the Tenth District Court of Appeals reversed the judgment, holding that the General Assembly was justified in distinguishing between cases with and cases without corroborating evidence. On February 11, 2015, the Supreme Court of Ohio reversed the judgment of the court of appeals and remanded the case to the trial court after concluding that mandatory prison terms for defendants convicted of gross sexual imposition when the state has produced evidence corroborating the crimes violates the due-process protections of the Fifth and Fourteenth Amendments to the United States Constitution, and imposing a mandatory prison term when corroborating evidence of the charge of gross sexual imposition is produced violates a defendant’s right to a jury trial as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution.

Lemmon v. State, 985 F.2d 560 (6th Cir. 1993) — John Lemmon was convicted of rape and sexual imposition, but the United States District Court for the Northern District of Ohio found that the conviction was unconstitutional because his right of confrontation was violated during his trial. The district court found that Lemmon had effectively been denied the right to explore with the alleged victim her past history of making similar false and unsubstantiated charges. The United States Court of Appeals for the Sixth Circuit affirmed the decision of the United States District Court for the Northern District of Ohio, with Circuit Judge David A. Nelson writing in a concurring opinion 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.’ See Murray v. Carrier, 477 U.S. 478, 496 (1986), where the Supreme Court said that ‘in an extraordinary case’ of this sort, ‘a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default.’”


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Joslyn Law Firm | Dayton Sexual Imposition Defense Lawyer

If you were arrested or you believe that you could be under investigation in the Miami Valley area for an alleged sexual imposition offense, it will be in your best interest to immediately retain legal counsel. Joslyn Law Firm aggressively defends individuals in Piqua, Springfield, Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, and many surrounding areas of Montgomery County.

Brian Joslyn is an experienced criminal defense attorney in Dayton who can fight to help you achieve the most favorable outcome to your case with the fewest possible penalties. He can provide an honest and thorough evaluation of your case as soon as you call (937) 356-3969 or complete an online contact form to receive a free, confidential consultation.


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