In the absence of DNA, witness testimony, or other hard evidence establishing sexual conduct, the prosecution’s case might depend on the word of the alleged victim. One possible strategy is to suggest that either the alleged sexual conduct did not take place, or the alleged victim mistook the identity of the perpetrator. To prove sexual battery, a prosecutor must establish beyond a reasonable doubt that a) sexual conduct took place, and b) it was coerced. There are several possible avenues of defense against accusations of sexual battery, depending on the specifics of your case. The slightest misstatement or misremembrance could lead to a conviction. Even if you believe you can quickly clear your name, do not speak to the police without an attorney present. Once a person reports an alleged sexual offense, police investigators look for evidence from the scene and might ask the alleged victim to submit to a rape kit exam to collect forensic evidence, including DNA, that could prove the identity of the alleged perpetrator.Īfter that, the police will usually ask to speak to the individual the alleged victim has identified as their assailant sometimes, the police will ask the alleged assailant to submit to a polygraph. This act applies to the crimes of gross sexual imposition ( ORC 2907.05) and sexual imposition ( ORC 2907.06), a fourth-degree felony and a misdemeanor, respectively. Sexual contact, meanwhile, is touching the victim’s erogenous zones. Sexual conduct means either vaginal or anal intercourse, oral sex, and penetration with a foreign object. Ohio defines sexual conduct more expansively than sexual contact. Sexual ContactĪ conviction for sexual battery requires the prosecution to prove that sexual conduct took place, not just sexual contact. If the victim is less than 13 years old, however, the crime is a second-degree felony with a mandatory term of between three to eight years in prison. In most cases, sexual battery in Ohio is a third-degree felony carrying a potential prison term of between one to five years, according to ORC 2929.14.
When the offender is a cleric and the victim is a minor and a member of the congregation.
Gross sexual imposition orc professional#
When the offender is a mental health professional and makes a patient believe sex is part of their therapy.When the offender is a coach or scout leader and the victim is a minor.When the offender is employed by an institution of higher learning and the victim is a minor student.When the offender is a teacher, coach, or school administrator and the victim is a student.When the offender has authority over the victim, such as when the victim is a patient in a hospital or an inmate in a jail.When the offender is the victim’s parent, stepparent, guardian, or custodian.When the offender knows the victim has mistaken them for their spouse.When the victim submits because they are unaware the sexual act is taking place.When the victim’s ability to control their conduct has been impaired.When submission is coerced and the victim has no means to prevent the attack.ORC 2907.3 lists 13 circumstances under which sexual conduct, when not performed with one’s spouse, constitutes sexual battery. In other words, the person who submitted was not in a position to say no. In these cases, the victim submits to sexual conduct, but the victim’s submission is coerced, usually by virtue of an imbalance of power. Sexual battery, most often a third-degree felony, is a different sexual offense. So, too, is any sexual contact with a person under age 13-as they are not old enough to consent-or a person whose ability to consent is diminished by a mental or physical condition. If a person intentionally impairs another’s judgment to prevent resistance to sexual conduct, that is rape. Rape exists when one person compels another into sexual conduct through force or by threat. Sexual battery laws in Ohio define rape, a first-degree felony, in terms of consent under ORC 2907.2.
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