Being charged with a sex-related related offense can have severe negative consequences and the consequences of a conviction can be lifelong.
If you have been arrested or suspect you're under investigation for any sex-related offense, you need to contact an attorney immediately to get ahead of it.
Sex Crimes in Ohio:
RAPE: Ohio law defines rape as engaging in sexual conduct with another person who is not the spouse of the alleged offender or who is the spouse of the alleged offender but is living separate and apart from the alleged offender, when the alleged offender substantially impairs the other person’s judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception; the other person is less than 13 years of age, whether or not the alleged offender knows the age of the other person; or the other person’s ability 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 other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
UNLAWFUL SEXUAL CONDUCT WITH A MINOR: Ohio Revised Code § 2907.04 defines unlawful sexual conduct with a minor as an alleged offender 18 years of age or older engaging in sexual conduct with another person who is not the spouse of the alleged offender when the alleged offender knows the other person is 13 years of age or older but less than 16 years of age, or the alleged offender is reckless in that regard.
SEXUAL IMPOSITION: Ohio Revised Code § 2907.06 defines sexual imposition as having sexual contact with another person who is not the spouse of the alleged offender, causing another person who is not the spouse of the alleged offender to have sexual contact with the alleged offender, or causing two or more other persons to have sexual contact when either the alleged offender knows that either the sexual contact is offensive to the other person or one of the other persons, 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 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 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.
GROSS SEXUAL IMPOSITION: Ohio Revised Code § 2907.05 defines gross sexual imposition as either the alleged offender purposely compelling the other person or one of the other persons to submit by force or threat of force, substantially impairing 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, or knowing that the judgment or control 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, 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.
CHILD PORNOGRAPHY: Ohio law prohibits the production, transportation, and possession of child pornography. There are several different charges related to child pornography.
PROSTITUTION: Ohio law establishes multiple offenses relating to prostitution. Compelling prostitution: Ohio Revised Code § 2907.21, promoting prostitution: Ohio Revised Code § 2907.22, procuring prostitution: Ohio Revised Code § 2907.23, and solicitation for prostitution: Ohio Revised Code § 2907.23.
SEXUAL BATTERY: Ohio Revised Code § 2907.03 generally defines sexual battery as engaging in sexual conduct with another person who is not the spouse of the alleged offender when the alleged offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution, the alleged offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired, the alleged offender knows that the other person submits because the other person is unaware that the act is being committed, the other person is a minor, or other specific circumstances.
SOLICITATION: No person, knowingly and for gain, shall do either of the following:
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Entice or solicit another to patronize a prostitute or brothel;
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Procure a prostitute for another to patronize, or take or direct another at the other's request to any place for the purpose of patronizing a prostitute.
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No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.
Solicitation (procuring) is a misdemeanor of the first degree.
In addition to a potential term, if convicted, an individual may be required to register as a sex offender.
TIER 1:
Requires registration once a year with the county sheriff for 15 years.
TIER 2:
Requires registration twice a year with the county sheriff for 25 years.
TIER 3:
Requires registration four times a year with the county sheriff for life.
There are several other consequences such as potential loss of job, being labeled as a predator, and loss of professional licensure.
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FIRST: The police will investigate. They may contact you, show up at your home or job, or obtain search warrants.
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SECOND: If the police establish probable cause of the commission of a crime they will arrest you. Just because you're not arrested initially DOES NOT mean you are in the clear. You may be indicted by a grand jury if probable cause is established.
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THIRD: After arrest, you will usually appear before a judge or magistrate within 24-48 hours of the arrest. This is usually called the initial appearance or arraignment. NOTE: If you're held for more than 48 hours without an initial appearance, the 4th amendment generally requires a judicial finding of probable cause.
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FOURTH: If you were not indicted by a grand jury, the next court appearance may be a preliminary hearing depending on the circumstances of the case.
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FIFTH: Next, the state and I will "hash" things out and try to reach an agreement. This is where the "lawyering" takes place. If the police or prosecution made an error in your case, WE WILL find it.If you are not 100% satisfied with the outcome, the case will be taken to trial. If you are not 100% satisfied with the outcome, the case will be taken to trial. NOTE: This is where we may file a motion to suppress if any evidence was illegally obtained.
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TRIAL: If you are not 100% satisfied with the outcome, the case will be taken to trial.