A conviction for rape or sexual conduct involving a minor can have devastating consequences for any person. Even if you are only under investigation and the state of Ohio has not filed charges, time is essential when defending your rights. Speaking with an experienced child rape defense lawyer as soon as anyone accuses you of a sex crime is the most critical step you can take to maximize the chances of a good outcome in your case.
Consequences of a conviction include:
- Mandatory sex offender registration
- Damage to your reputation
- Loss of present and future employment opportunities
- Broken relationships with family and friends
Our experienced sex crimes defense attorneys will evaluate your case and explain any potential outcomes. We will discuss our strategies for asserting your rights and the defenses we plan on raising on your behalf. Call Moermond & Mulligan, LLC at (513) 421-9790 or contact us online to schedule a free consultation. Enlist the services of proven, aggressive criminal defense lawyers in Cincinnati today.
Ohio Criminal Offenses Involving Sexual Conduct with Minors
Ohio labels sex crimes involving sexual conduct with minors as rape, unlawful sexual conduct with a minor, and sexual battery. Ohio’s definition of “sexual conduct” includes intercourse, fellatio, and cunnilingus. Under the statute, any form of penetration meets the definition of sexual conduct.
Rape
Under Ohio law, engaging in sexual conduct with another person less than thirteen years of age constitutes the criminal offense of rape. An Ohio prosecutor can charge you with rape whether or not you know the alleged victim’s age. Liability is strict and applies even if an offender did not force or coerce the victim into participating in sexual conduct. In the case of sexual conduct with an adult, an absence of force will usually mean the act does not constitute the crime of rape.
Unlawful Sexual Conduct with a Minor
Anyone eighteen or older who knowingly or recklessly engages in sexual conduct with someone older than twelve but younger than sixteen is guilty of unlawful sexual conduct with a minor. This statute makes it a criminal offense for anyone over 18 to engage in sexual conduct with someone that person should reasonably know is between the ages of 13 and 15.
Prosecutors often use this statute where the sexual conduct between the alleged offender and victim was consensual. However, if an Ohio prosecutor has evidence that the alleged offender coerced, forced, or pressured the victim into sexual conduct, they will typically charge the crime as sexual battery or rape.
Sexual Battery
Ohio law labels sexual conduct involving minors in specific situations as sexual battery. Under this statute, a person who is a teacher, coach, administrator, scout leader, cleric, or peace officer may commit the crime of sexual battery if they engage in sexual conduct with a minor.
Defenses and Penalties to Sexual Conduct Charges Involving Minors
If you face allegations of rape or unlawful sexual conduct with a minor, you must act swiftly to initiate the process of building a defense. Mere accusations can affect your family, reputation, job, and liberty. This is another reason why it is crucial to work with an experienced child rape defense lawyer.
Defenses to Sexual Conduct Charges Involving Minors
While consent is usually a defense to a rape charge, it is not when the victim is under 16. Other possible defenses to sexual conduct offenses involving minors include:
- Fourth Amendment violations (illegal search and seizure)
- Sixth Amendment violations (speedy trial defects)
- False allegations
- Lack of evidence
Penalties for Child Rape
Ohio classifies rape as a first-degree felony carrying severe penalties. The minimum sentence is five years, and the maximum is life without parole. Since this is a strict liability crime, the State must only prove that the victim was younger than 13 when the sexual conduct occurred to obtain a conviction. Ohio law imposes a sentence of life imprisonment without the possibility of parole for the rape of a child under ten years of age by force.
Penalties for Sexual Battery Involving a Minor
Sexual battery is a third-degree felony. These felonies carry penalties of up to 36 months in prison and up to $10,000 in fines. If the victim is under thirteen years of age, sexual battery is a felony of the second degree. In this case, offenders are subject to a mandatory prison term equal to one of the definite prison terms for a felony of the second degree. This grade of felony carries penalties of up to 12 years in prison and up to $15,000 in fines.
Penalties for Unlawful Sexual Conduct with a Minor
Ohio prosecutors typically charge unlawful sexual conduct with a minor as a felony of the fourth degree. However, the age difference between the offender and victim can affect how an Ohio prosecutor charges the crime. If the offender is less than four years older than the victim, unlawful sexual conduct with a minor is a misdemeanor of the first degree. If the offender is ten or more years older than the victim, unlawful sexual conduct with a minor is a felony of the third degree. A prior conviction or guilty plea to rape, sexual battery, or unlawful sexual conduct with a minor elevates the offense to a felony of the second degree.
Other Consequences of Child Rape
The consequences of a child rape conviction are far-reaching. It permanently restricts where an offender lives and works. Anyone labeled a sex offender may experience extreme difficulty maintaining, initiating, and developing social relationships.
Ohio law classifies offenders as Tier III sex offenders. This classification subjects Tier III sex offenders to registration and verification requirements every 90 days for life.
Contact a Cincinnati Sex Crimes Defense Attorney Today
You cannot hesitate when your freedom and reputation are at stake. When the consequences are life-altering and long-term, if not permanent, you must enlist skilled legal representation. You need the guidance and assistance of child rape defense lawyers in Cincinnati you can trust. Call Moermond & Mulligan, LLC at (513) 421-9790 or contact us online to schedule a free consultation today. The sooner you call us, the sooner we can go to work building your case.