Accused of Sexual Assault in Ohio? A Sex Crimes Lawyer Answers Your FAQs

Accusations of sexual assault can have serious consequences, impacting not only your personal life but also your professional and social standing. The mere accusation can lead to severe repercussions, including criminal charges, loss of employment opportunities, and damage to your reputation. 

In this blog, a sex crimes lawyer from Fortress Law Group addresses frequently asked questions about sexual assault in Ohio, including the definition of sexual assault, the potential penalties if convicted, and the steps you can take to protect your rights and defend yourself against these allegations. 

Remember, being accused of sexual assault does not automatically make you guilty, and with the right support, it is possible to fight back against these allegations and emerge with a favorable outcome. So, let's dive in and explore the most frequently asked questions about sexual assault in Ohio.

What is Sexual Assault in Ohio? Understanding the Legal Definition

Before addressing frequently asked questions, it's crucial to understand what constitutes sexual assault under Ohio law. Sexual assault in Ohio encompasses a range of non-consensual sexual activities and is prosecuted under Ohio statutes as indicated below, primarily focusing on the lack of consent and the nature of the sexual conduct.

Ohio's Legal Framework for Sexual Assault

Rape (ORC § 2907.02): Ohio defines rape as engaging in sexual conduct with another individual without their consent, typically through force, threat of force, or when the person is unable to consent due to impairment or being underage. Examples include, but are not limited to, situations where the aggressor uses physical force or intimidation to compel submission.

Sexual Battery (ORC § 2907.03): Sexual battery involves engaging in sexual conduct with someone not the spouse of the offender, under circumstances where consent is not freely given. This can occur in various scenarios, such as when the offender is in a position of authority or trust (e.g., a teacher, mental health professional, or prison guard) and exploits that position, or when the victim is unable to resist or consent due to age, mental condition, or physical restraint.

These definitions underscore the importance of consent in sexual activities. Lack of consent, whether due to force, coercion, impairment, or age, is a key factor in determining the occurrence of sexual assault.

Consent in Ohio

Ohio law emphasizes that consent must be freely given, informed, and can be withdrawn at any time. Situations where an individual is unable to give consent due to age, mental condition, intoxication, or unconsciousness are treated with particular seriousness.

What Should I Do First If I'm Accused of Sexual Assault in Ohio?

Answer: The first thing you should do is contact an experienced sex crimes lawyer. It's crucial not to discuss the accusation with anyone else, including the accuser or law enforcement, until you have legal representation. Your lawyer will guide you through the initial steps and help protect your rights.

Can the Police Arrest Me without Evidence?

Answer: In Ohio, the police need probable cause to arrest someone for sexual assault. This means they must have some evidence suggesting that a crime was committed and you were involved. However, the quality and amount of evidence required for an arrest can vary, making it essential to have legal representation from the start.

What Happens After I'm Charged with Sexual Assault?

Answer: After being charged, you'll go through an arraignment where the charges are formally read to you, and you'll have the opportunity to enter a plea. Following this, the case may move to pre-trial proceedings, including discovery and motions, leading up to a trial if the case isn't dismissed or resolved through a plea agreement.

How Can I Prove My Innocence?

Answer: Proving your innocence can involve various strategies, depending on the specifics of your case. This may include presenting an alibi, challenging the credibility of the accuser, or introducing evidence that contradicts the prosecution's claims. Your lawyer will work with you to develop the most effective defense strategy. For a more detailed discussion on possible defenses, we invite you to read our blog: "Have You Been Accused of a Sex Crime in Ohio? Here Are Some Possible Defenses."

What are the Potential Consequences of a Sexual Assault Conviction in Ohio?

Answer: The consequences of a sexual assault conviction can be severe, including prison time, mandatory registration as a sex offender, and significant fines  – not to mention damage to your personal and professional reputation. The exact penalties depend on the nature of the offense and any previous criminal history.

Is it Possible to Have the Charges Against Me Dropped?

Answer: Yes, it's possible to have charges dropped if there's insufficient evidence, if evidence was obtained unlawfully, or if there are other legal or factual issues that undermine the prosecution's case. Your attorney can negotiate with the prosecutor or file motions to dismiss the charges.

Can I Reach a Plea Agreement?

Answer: Plea agreements are common in criminal cases, including sexual assault charges. A plea deal may involve pleading guilty to a lesser charge or agreeing to specific penalties in exchange for dropping more serious charges. Your lawyer can negotiate a plea deal on your behalf, considering the strength of the evidence and the risks of going to trial.

How Long Does the Legal Process Take for a Sexual Assault Case in Ohio?

Answer: The duration of the legal process can vary widely depending on the complexity of the case, the court's schedule, and whether the case goes to trial. It can take anywhere from a few months to over a year. Your lawyer can provide a more specific timeline based on the particulars of your case.

Steps to Take If You're Accused

If you are accused of sexual assault in Ohio:

1. Do not speak to the police or anyone else about the accusation without first consulting with an attorney. This includes talking to friends, family, or even posting about it on social media. Anything you say can be used against you, and a lawyer can advise you on how to protect your rights.
2. Seek legal representation immediately. An experienced sex offense attorney can help you understand your rights, navigate the legal process, and build a strong defense.
3. Do not attempt to contact the accuser or any witnesses. This could be seen as harassment or intimidation.
4. Gather any evidence that may be helpful to your case. Maintain a written record of all events and interactions related to the accusation, including dates, times, and possible witnesses.

Remember:

• You are presumed innocent until proven guilty.
• You have the right to remain silent and the right to an attorney.
• Do not take any actions that could jeopardize your case.

Fortress Law Group Defends Good People Accused of Sexual Assault in Ohio 

In the wake of a sexual assault accusation in Ohio, you may find yourself navigating a complex and intimidating legal landscape. The stakes are high, with the potential for severe penalties, including imprisonment, mandatory sex offender registration, and irreversible damage to your reputation and personal relationships. 

At Fortress Law Group, we are experienced in defending individuals accused of serious offenses, including sexual assault. Our approach is rooted in a deep understanding of Ohio's legal system, combined with a comprehensive scientific and evidentiary analysis. Criminal defense attorney Matthew Bangerter, a former Assistant Prosecutor in Lake County, Ohio, leads the team and brings a unique perspective to each case. With a scientific background and extensive experience in criminal defense, Matthew is well-equipped to scrutinize every piece of evidence in your case.

Choosing the right legal representation is the most crucial decision you can make when facing sexual assault charges. With Matthew's experience on both sides of the aisle and our team's commitment to vigorously defending our clients, Fortress Law Group stands prepared to navigate the complexities of your case.

Don't leave your future to chance. Call us at (440) 340-1740 for a detailed case evaluation, or initiate the process of building your defense by completing our online form. At Fortress Law Group, we are dedicated to defending good people accused of bad things, employing our unique legal acumen to achieve the best possible outcomes for our clients.