Ohio Sexual Battery Attorney

Defending Those Accused of Sexual Battery in Ohio

What is Sexual Battery According to Ohio Revised Code Section 2907.03?

Sexual Battery in Ohio is defined by Ohio Revised Code Section 2907.03. Pursuant to Ohio Revised Code Section 2907.03, no person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:

1. The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
2. The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired.
3. The offender knows that the other person submits because the other person is unaware that the act is being committed.
4. The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse.
5. The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
6. The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
7. The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the director of education and workforce prescribes minimum standards, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
8. The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
9. The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.
10. The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.
11. The other person is confined in a detention facility, and the offender is an employee of that detention facility.
12. The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.
13. The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.

What Does This Mean?

Written more simply, Ohio Revised Code Section 2907.03 states that a person may be convicted of Sexual Battery in Ohio if an offender engages in sexual conduct and:

1. The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
2. The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired.
3. The offender knows that the other person submits because the other person is unaware that the act is being committed.
4. The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse.
5. -13: The offender is in a position of perceived power, authority, or superior rank compared to the other person.

What is Sexual Conduct?

Ohio Revised Code Section 2907.01 defines sexual conduct as vaginal intercourse between a male and female; anal intercourse, fellatio/cunnilingus (oral sex) between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

What Are The Penalties For Sexual Battery in Ohio?

The penalties for Sexual Battery in Ohio vary depending on the age of the victim:

• If the victim is 13 years old or older, Sexual Battery is considered a felony of the third degree, which is punishable by a term of imprisonment of 9 to 60 months and/or a fine of up to $10,000.00.
• If the victim is under the age of 13, Sexual Battery is considered a felony of the second degree, which is punishable by a term of imprisonment of 2 to 8 years and/or a fine of up to $15,000.00.
• All convictions for Sexual Battery in Ohio require a Mandatory Classification as a Tier III Sex Offender, which requires individuals to register as a sex offender every 90 days for life. Registration may have additional impact on an individual’s ability to secure housing and employment.

What to Do if You Are Accused of Sexual Battery in Ohio

Being accused of Sexual Battery in Ohio carries significant consequences and can have an extreme effect on one’s life, regardless of whether they are convicted or not. If you, or someone you know has been accused of Sexual Battery in Ohio, it is recommended that you contact a criminal defense attorney who has specific knowledge and experience handling Sexual Battery cases in Ohio. It is important to speak to an experienced Ohio criminal defense attorney before speaking to anyone about the allegations, as anything you say can and will likely be used against you, even if the statement is not made to law enforcement.

An experienced Ohio criminal defense attorney will be able to discuss your case and the allegations against you, help you gather evidence that may be beneficial for your defense, give advice on how to speak and act around loved ones who know about the accusations, and make sure that you are treated properly throughout any investigation or proceeding. If you are contacted by law enforcement, it is never recommended to make a statement. Instead, be polite but respectfully decline answering any questions. Immediately, contact an experienced Ohio criminal defense attorney.

How Our Ohio Sexual Battery Attorneys Can Help

At Friedman Nemecek Long & Grant, L.L.C., our team of experienced criminal defense attorneys have travelled all across the State of Ohio representing individuals facing criminal investigations or charges related to Sexual Battery allegations. Our lawyers stay abreast of the constant changes in legislation and/or court cases to ensure that our clients receive the most comprehensive and effective representation available.

If you have questions regarding such matters, or you have been subjected to, or accused of, Sexual Battery or other sexual misconduct, please call the law firm of Friedman Nemecek, & Long, L.L.C., at (216) 928-7700 for an initial consultation.