Columbus criminal defense lawyers take on your sexual assault case
The attorneys at Yavitch & Palmer can help you fight prosecution and provide effective defense against sex crime allegations. Sexual assault in Ohio can range from sexual contact and battery, to rape and gross sexual imposition. Rape allegations are among the most serious charges you can face. Successfully defending a rape charge requires both knowledge and dedication on the part of your attorney. The lawyers at Yavitch & Palmer act quickly to ensure that your rights are protected and that your version of the events is heard.
Understanding the definition of rape
Rape is a sex crime, which the accused must have:
- Used force or a threat of force to engage in sexual misconduct with another person. The perceived threat of force is enough to warrant a rape charge.
- Engaged in sexual activity with an individual too impaired to make rational decisions. If the accused administered drugs or intoxicants to the victim that impaired that person’s judgment or control, this could be cause for a potential rape charge. Engaging in such behaviors with a person who is too old and who lacks the mental or physical capacity to resist or make decisions, may also lead to a rape charge.
- Engaged in a sexual encounter with a minor under the age of 13.
Officially referred to as “unlawful sexual conduct with a minor,” this is the charge for sexual conduct with a partner under the age of consent—16 in the state of Ohio. However, if the adult is a teacher, coach, administrator or other public school employee, the age of consent ups to 18. Penalties can range as high as five years in prison or more, depending on an offender’s criminal history.
A conviction for any sexual offense can result in time in prison and being forced to register as a sex offender.
Gross sexual imposition
Unlike rape, gross sexual imposition (GSI) is generally limited to engaging in sexual contact with another person against his or her will. Oftentimes the victim involved is impaired from alcohol or drugs. Ohio courts take GSI extremely seriously, and those convicted often face fines and jail time.
GSI is defined according to the Ohio Revised Code (ORC 2907.05) as anyone who has sexual contact with a person that is not their spouse, causes someone else to engage in sexual behavior with them, or causes two or more people to engage in sexual behavior when any of the following actions occur:
- The offender purposefully influences another person to submit through force or threat of force.
- The offender significantly impairs the judgment or control of someone else in order to prevent resistance through the use of a drug through means of deception, force or threat of force.
- The offender is aware that the judgment or control of someone else is significantly impaired from a drug that has been given to a person through their permission from surgery or another medical treatment.
- The other person involved in the offense is under 13 years old.
- The offender had knowledge the other person’s ability to resist or consent is significantly impaired from a mental or physical condition or elderly age.
Schedule a meeting if you’ve been accused of a sex crime in the Greater Columbus area
The attorneys at Yavitch & Palmer concentrate on complex cases to provide strong, effective defense and to prevent further disruption to your life and damage to your reputation.
Call 614-224-6142 or fill out our online form request a consultation.