Gross Sexual Imposition is a serious criminal offense that can have severe consequences for those accused. If you or a loved one is facing such charges, it is crucial to hire a lawyer who understands the complexities of this area of the law and knows how to mount a strong defense against them.
At Moermond & Mulligan, LLC, our Cincinnati criminal defense attorneys have over 50 years of combined experience representing individuals accused of sex crimes like Gross Sexual Imposition. Our team includes a Board-Certified Specialist in Criminal Law (L. Patrick Mulligan) and each member of our team has extensive trial experience in courts across the state. Both attorneys Brad Moermond and L. Patrick Mulligan also formerly served as prosecutors, giving them a unique perspective on these cases and how the other side will handle them.
Get the qualified legal guidance and representation you need during this challenging time. Help is just a phone call or click away, so call us or reach out to us online for a confidential consultation to discuss your situation, rights, and legal options.
What is Gross Sexual Imposition?
Gross Sexual Imposition is a criminal offense that involves non-consensual sexual contact with another person. The specific elements of this crime vary by jurisdiction, but generally, it involves touching another person’s intimate body parts for sexual gratification without their consent. This offense is distinct from other sex crimes, such as rape or sexual assault, which typically involve more severe acts or the use of force or threats.
ORS §2907.05 – Gross Sexual Imposition outlines various situations where this crime occurs and the corresponding penalties. The following scenarios could be considered Gross Sexual Imposition in Cincinnati –
- Forcing or threatening someone into sexual contact.
- Secretly, forcibly, or deceptively administering drugs or intoxicants to impair someone’s judgment or control, preventing resistance.
- Knowing that someone’s judgment or control is impaired due to drugs or intoxicants taken willingly for medical or dental reasons.
- Engaging in sexual contact with someone under 13 years old, whether or not the offender is aware of the victim’s age.
- Taking advantage of someone’s substantially impaired ability to resist or consent due to a mental or physical condition or advanced age when the offender knows or has reasonable cause to believe this.
- Knowingly touching the genitalia of a child under 12 years old with the intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire.
In Ohio, Gross Sexual Imposition can be classified as either a third or fourth-degree felony, with the penalties for a third-degree felony being more severe than those for a fourth-degree felony. The maximum penalty for a fourth-degree felony Gross Sexual Imposition conviction is 18 months in prison, while the maximum penalty for a third-degree felony Gross Sexual Imposition conviction is five years in prison.
Gross Sexual Imposition is considered a third-degree felony in Ohio if the alleged victim was under 13 at the time of the offense or if a controlled substance was administered to prevent the accuser from resisting. The crime is classified as a third-degree felony regardless of whether the offender knew the victim’s age, even if the victim lied about their age.
If convicted of a third-degree felony, the possible prison term ranges from 12 to 60 months (one to five years). Although third-degree felonies typically carry a maximum prison term of 36 months, specific crimes, including Gross Sexual Imposition, are subject to a higher sentencing range. Prison is mandatory in cases with corroborating evidence or prior sex convictions involving a person under 13.
Gross Sexual Imposition is classified as a fourth-degree felony in Ohio if the alleged victim is 13 years old or older and no controlled substances were used to prevent resistance. For a fourth-degree felony conviction, the potential penalty ranges from 6 to 18 months imprisonment. Prison is not mandatory, and the offender may be sentenced to community control (probation) based on the sentencing criteria specified in Ohio Revised Code Section 2929.13(B)-(E).
In addition to the statutory penalties, Ohio has established sex offender registration requirements that apply to Gross Sexual Imposition convictions. Offenses classified under Ohio Revised Code Section 2907.05(A)(1)-(3) and (5) are Tier I offenses, requiring annual registration for 15 years for adults and 10 years for juveniles. The offense classified under Ohio Revised Code Section 2907.05(A)(4) is a Tier II offense, requiring registration every 180 days for 25 years for adults and 20 years for juveniles.
Convicted individuals must provide personal information to the local sheriff’s office, including home, work, and school addresses, identifying characteristics, criminal history, photographs, fingerprints, and vehicle information. Ohio law prohibits registered sex offenders from living within 1,000 feet of a school or daycare center. Offenders must also notify the sheriff in writing if they plan to be away from their homes for seven or more days.
Most Gross Sexual Imposition convictions are Tier I offenses, requiring 15-year registration for adults with annual in-person verification. However, offenses involving a victim under the age of 13 are classified as Tier II and Tier III offenses, respectively, with more stringent registration and verification requirements.
Consequences of a GSI Conviction
Law enforcement and prosecutors take Gross Sexual Imposition charges very seriously. The nature of these offenses often involves a violation of personal boundaries and trust, leading authorities to pursue these cases aggressively. The accused may face severe penalties and lasting consequences, including damage to their reputation, personal relationships, and future opportunities if convicted.
Beyond incarceration, fines, and having to register as a sex offender, a conviction for Gross Sexual Imposition can profoundly impact other aspects of your life, including:
- Personal relationships – Friends, family members, and romantic partners may distance themselves from someone convicted of a sex crime, leading to feelings of isolation and shame.
- Employment opportunities – Many employers hesitate to hire individuals with a criminal record, particularly sex offenses. This can make it challenging for those convicted of Gross Sexual Imposition to find stable employment and support themselves financially.
- Social stigma – Society often views individuals convicted of sex crimes with suspicion and disdain. This social stigma can be difficult to overcome and may lead to further isolation and emotional distress.
- Financial strain – The fines associated with a Gross Sexual Imposition conviction and potential difficulties in finding employment could put significant stress and strain on the individual’s finances.
- Loss of freedom – Depending on the severity of the offense and the specific penalties imposed, a conviction may result in jail or prison time, limiting an individual’s freedom and further complicating their ability to rebuild their life.
Common defense strategies related to gross sexual imposition cases involve –
- Verifying the statute of limitations – The state’s statute of limitations sets a time limit for when charges can be filed for a specific crime. Each offense has a statute of limitations, and if a case is not brought within the designated time frame, the court will likely dismiss the charges. Defense attorneys will examine whether the charges were filed within the appropriate time limit.
- Challenging the admissibility of evidence – Ohio has strict laws regarding search and seizure procedures (O.R.C. Chapter 2933). If law enforcement collected evidence, our attorneys would evaluate the methods used for its collection and discovery. If they failed to follow proper procedures, we could seek to have the evidence suppressed.
- Assessing the accuser’s motivations – A crucial aspect of the prosecution’s case is often the alleged victim’s testimony. Our defense attorneys will analyze the testimony and evidence provided by the accuser to determine if there is any reasonable doubt based on the presented information.
- Investigating potential rights violations – During an investigation, law enforcement and prosecution must adhere to legal guidelines and not infringe upon an individual’s rights. Your attorney may explore whether the police failed to obtain appropriate warrants, engaged in excessive force, or violated any of your rights to have evidence dismissed.
How Moermond & Mulligan, LLC Could Help
Facing charges for Gross Sexual Imposition can be frightening and confusing, especially since these offenses could carry severe penalties and a lasting social stigma. A conviction may result in fines, imprisonment, sex offender registration, and other consequences.
In such situations, it’s crucial to have a Cincinnati criminal defense attorney who understands the complexities of these cases and the options available to you. Our team is committed to thoroughly investigating your case and exploring potential defenses that could lead to reduced or dropped charges.
When you reach out to Moermond & Mulligan, LLC for assistance, you can trust that your defense is in capable, experienced, and successful hands. We will stand by your side throughout the legal process, working tirelessly to achieve the best possible outcome for your case. All you need to do is contact our law office to discuss your situation and begin working towards a brighter future.