Ohio Rape Laws
What is considered rape/sexual battery in Ohio?
In Ohio, there are two separate terms used to describe sexual assault: "rape," and "sexual battery." Both crimes are severely punished under state law, but cover a different range of sexual contact and levels of force or intimidation.
Rape is any form of unwanted sexual conduct without the victim's consent. Usually this is accomplished by force, intimidation, or the threat of force.
Sexual battery charges are usually filed when certain facts are present involving a number of different scenarios such as a teacher at a school, a mental health professional, a prison guard, or when the victim is unable to resist the action through other factors such as age or due to inability to fight back for any reason.
Sexual Battery: Ohio Revised Code Section 2907.03
|Elements of Rape||
Rape: Rape is any form of unwanted sexual contact obtained without consent and/or obtained through the use of force, threat of force, intimidation, or coercion.
A person may also be charged with rape if they engaged in sexual conduct with another person who is not their spouse, or is their spouse but lives separately, and:
Sexual Battery : Sexual conduct with another person, and meet at least one of the following elements:
|What is the definition of "sexual conduct?"||
Rape: Generally considered a first degree felony, but but there is a mandatory term for some of the conduct such as administering a drug to the victim. If force or coercion is used, the offender faces life imprisonment
Sexual Battery: Generally a third degree felony. Prison sentence ranging from one to five years and/or fines not more than $10,000.
If the alleged victim is under 13 years old, it's a second degree felony and will result in a mandatory prison sentence of two to five years and/or fines up to $15,000.
|Sex Offender Registration?||
If you are convicted of the above crimes, you will likely have to register as a sex offender with the State of Ohio.
If you or someone you know has been sexually assaulted, contact any of the following resources:
- National Sexual Assault Hotline: 1-800-656-HOPE
- Rape Crisis Center's 24-Hour Hotline at 1-877-906-7273
- Ohio Law Enforcement or 911
Facing Rape Charges? You Will Want Legal Representation
If you are being accused of rape, you are facing some serious charges which could result in prison time, fines, and damage to your reputation. With so much at stake, you should hire a skilled criminal defense attorney who can determine the strength of your case and can put up a solid defense on your behalf. Don't go it alone; get in touch with an experienced Ohio criminal defense attorney today.
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