What is Gross Sexual Imposition?
Gross sexual imposition often occurs when a person makes some type of sexual contact against someone else’s will. The most common situation is when a person is impaired by alcohol, illicit substances, or even due to a mental handicap.
A conviction of this sex crime results in extremely harsh penalties, including:
- Prison time
- Fines
- Registration as a sex offender
If you have been accused of gross sexual imposition, our Dayton gross sexual imposition lawyers at Moermond & Mulligan, LLC is prepared to provide the experienced legal help necessary to obtain the most positive outcome. We will do whatever it takes to either get your case dropped or minimize the consequences you face.
Do not face these Ohio sexual imposition charges alone. Contact us online today for to discuss your case by calling us at (937) 228-9790.
What are Gross Sexual Imposition Penalties in Ohio
Gross sexual imposition can be charged as either a third- or fourth-degree felony. A conviction for a third-degree felony carries a maximum prison sentence of 18 months, while a fourth-degree felony is punishable by a prison term of up to five years.
If the offender touches—or causes someone else to touch—the genitalia of a victim who is less than 12 years of age with intent to abuse or arouse the sexual desire of any individual, makes sexual contact with a minor under 13 years old, or engages in sexual contact with another person by force, threats, coercion or the use of intoxicating substances, it is considered a third-degree felony. Any other type of gross sexual imposition is considered a fourth-degree felony.
What Should I Do If I Am Arrested For Sexual Imposition in Dayton, OH?
When the police arrest you for gross sexual imposition in Dayton, taking prompt action can help protect your rights and put you in a better position to defend yourself against criminal charges. While under arrest, you should exercise your right to remain silent and speak to an attorney. If the police ask you for a statement or to answer questions, you can inform the officers that you wish to exercise your right to remain silent and do not want to answer questions. Furthermore, you should advise the officers at the soonest opportunity that you wish to speak to an attorney. Consulting an attorney while under arrest can help you decide whether to eventually speak to the police. You may also have your attorney present during questioning for further legal advice about how to answer the police’s questions.
Following your arrest, you should hire a gross sexual imposition defense lawyer in Dayton as soon as possible. An attorney can begin sex crime investigations into your charges to obtain evidence that contests the prosecution’s allegations or proves your innocence. A sexual battery attorney in Dayton can also review the facts and evidence to create a compelling defense against gross sexual imposition charges, which may convince prosecutors to reduce your charges or drop the case against you.
You can also assist in building your defense by gathering relevant evidence for your case, such as:
- Contact information for witnesses who may have testimony helpful to your defense
- Alibi evidence, such as cell phone records, receipts, or surveillance video to place you somewhere else when the alleged crime occurred
- Copies of communications between you and the alleged victim that may contradict the victim’s allegations
While on pre-trial release, you should refrain from attempting to contact the alleged victim or potential government witnesses, as police and prosecutors may view doing so as an effort to coerce or intimidate the alleged victim or witnesses into changing their testimony.
Finally, you should keep track of all scheduled court dates to ensure you appear in court when required. Your attorney can advise you when you might not need to appear in court for a pre-trial hearing. Stay in contact with your criminal defense lawyer throughout your case. Your attorney may need information or documents from you to build your defense. Your attorney can also keep you updated on the progress of your case and convey any plea offers made by the prosecution.
Common Sexual Imposition Defenses in Dayton, OH
A person charged with gross sexual imposition may have various legal or factual defenses to challenge the prosecution’s charges. Common defenses to criminal sexual charges in Ohio include:
- The victim is 12/13 or older: A person may commit gross sexual imposition by having sexual contact with a child under 13 or by touching the genitalia, directly or through clothing, of a child under 12, regardless of whether the person knew the child’s age. However, a defendant facing a gross sexual imposition charge may present evidence proving that the alleged victim was 12/13 or older, which can reduce the grading of a charge from a felony gross sexual imposition charge to a misdemeanor sexual imposition charge.
- No sexual contact: A defendant may argue that the alleged touching involving the victim did not have a sexual nature.
- Consent: Defendants may assert that an alleged victim validly consented to sexual contact, including arguing that intoxication had not impaired the victim’s ability to consent.
- Lack of intent: A defendant may argue that they did not intend to touch the alleged victim, such as when a defendant inadvertently bumped into the victim. Alternatively, a defendant accused of gross sexual imposition with an intoxicated victim might argue they did not know of the victim’s intoxication when seeking their consent to sexual contact.
- No threat or force: Defendants may argue that the evidence fails to prove they used threats or force to cause the alleged victim to submit to sexual contact.
- No administration of intoxicants: A defendant accused of administering intoxicants to an alleged victim to impair their judgment or control may argue that they did not administer the intoxications or did not do so surreptitiously or by threat, force, or deception.
- Lack of corroborating evidence: Defendants may contend that the prosecution’s case fails to present evidence corroborating the victim’s allegations, making the case a “he said, she said” dispute that requires the jury to determine the victim’s credibility.
- Fabrication: A defendant may assert a fabrication defense by arguing that the victim falsely accused the defendant of sexual contact. Defendants might support a fabrication defense by presenting evidence of a victim’s prior incidents of making false allegations of sexual contact.
- Unlawful search or questioning: A defendant may seek to exclude evidence from the prosecution’s case by arguing that police investigators obtained that evidence through an unlawful search, such as a warrantless search that lacked probable cause. A defendant might also seek to exclude incriminating statements they made to investigators by asserting that the police questioned them without first informing them of their rights to remain silent or request legal counsel.
- Unreliable forensic evidence: When the prosecution presents DNA, fingerprints, or other forensic evidence to purportedly identify the defendant as the perpetrator, the defendant may challenge that evidence by identifying issues with the prosecution’s testing methods or breaks in the chain of custody of the evidence.
Evidence for Sexual Imposition in Dayton
To prove the charged elements of a gross sexual imposition offense in Dayton, prosecutors will need to present substantial evidence that proves each element beyond a reasonable doubt. A conviction for gross sexual imposition will require the state to prove that a defendant had sexual contact with a victim, caused the victim to have sexual contact with the defendant, or caused two or more victims to have sexual contact under any of the aggravating factors listed in the statute:
- The defendant compelled the victim(s) to submit by force or threat of force
- The defendant substantially impaired the victim’s judgment or control by administering a drug, intoxicant, or controlled substance to the victim surreptitiously or by force, threat of force, or deception
- The defendant knew the victim had impaired judgment or control due to the administration of a drug or intoxicant administered for a medical or dental examination, treatment, or surgery
- The victim was under 13 (regardless of whether the defendant knew the victim’s age)
- The victim had an impaired ability to consent or resist due to a physical or mental condition or advanced age, and the defendant knew of the victim’s impaired ability
Alternatively, the state may allege that a defendant violated the gross sexual imposition statute by knowingly touching the genitalia of a child under 12, either directly or through clothing, with the intent to abuse, humiliate, harass, degrade, arouse, or satisfy sexual desire.
Examples of evidence that prosecutors might use to prove gross sexual imposition charges in Dayton include:
- Medical records, including physical examinations of the victim that verify that the victim experienced sexual contact or suffered a use of force, such as lacerations or bruising around the genitalia
- The suspect’s fingerprints on the victim
- The suspect’s DNA from skin cells, saliva, or other bodily fluids
- Toxicology reports to prove the victim’s intoxication
- Records of the victim’s physical or mental incapacity
- The victim’s birth certificate to establish their age
- Surveillance video
- Eyewitness testimony
- Cell phone records
- Expert witness testimony
Resources For Defenses To Sexual Imposition Charges In Ohio
Ohio Revised Code Section 2907.05
Building a defense against gross sexual imposition charges in Dayton should begin with a thorough reading of the gross sexual imposition statute under the Ohio Revised Code. The statute defines what conduct constitutes sexual imposition and lists the circumstances that can turn an offense into a gross sexual imposition charge. The statute also outlines aspects of the burden of proof in gross sexual imposition cases and what kinds of evidence parties can and cannot introduce in a prosecution for gross sexual imposition.
State v. Dunlap
In Dunlap, the Supreme Court of Ohio clarified the mens rea for the element of sexual contact between a defendant and a victim under the gross sexual imposition statute. The court ruled that a defendant had to act with the purpose of sexual arousal in making sexual contact with a victim. Thus, Dunlap establishes that a defendant must have a purpose of creating sexual arousal when touching a victim, meaning that accidental or incidental contact made without any purpose may not violate the gross sexual imposition statute.
State v. Bevly
In Bevly, the Ohio Supreme Court held unconstitutional a provision of the gross sexual imposition law mandating a prison term for cases that involved corroborating evidence. The court found no rational basis for distinguishing between cases with and without corroborating evidence. Thus, the court held that sentencing a defendant to a mandatory prison term simply because the state presented corroborating evidence violated that defendant’s due process rights, as the defendant otherwise would have no opportunity to present other evidence or witness testimony to contradict or undermine the alleged corroborating evidence. The court noted that trial courts should base sentencing decisions on factors like the severity of the offense or a defendant’s suitability for rehabilitation.
Call (937) 228-9790 to Discuss Your Case Today
Our Dayton gross sexual imposition lawyer can evaluate your case, determine if the charges are false or if police made an error during investigation, and build an effective defense strategy to protect your rights and future.
For more than five decades of combined experience, we have successfully represented clients charged with various sex crimes. So let our knowledgeable and skilled Dayton criminal defense team fight for you.
Contact us and schedule a free consultation for more information today by calling our Dayton gross sexual imposition attorneys at (937) 228-9790. We serve Southwest Ohio.
Last Updated: 05-05-2025