Allegations and Filing Sex Charges in Cincinnati, OH
If you are the subject of allegations and filing sex charges in Cincinnati, OH, it is important that you have a strong defense. A criminal defense attorney from Joslyn Law Firm can help you fight false charges for the best possible outcome.
Our founding attorney, Brian Joslyn, is considered one of Ohio’s premier criminal defense lawyers. He is the recipient of numerous awards and honors, including:
- Top 25 by National Trial Lawyers
- America’s Top 100 Attorneys
- Best Legal Business by Three Best Ratings
- Top Criminal Defense Attorney by AVVO
- Top Lawyer by Columbus CEO magazine
Brian and his legal team have handled more than 20,000 criminal cases throughout Central Ohio. Their practice area includes sex crimes, drug crimes, violent crimes, and other serious charges.
How Joslyn Law Firm Can Help
Even the allegation of a sex charge can be enough to damage your reputation, break up a relationship, and destroy everything that you have worked hard to build. Ohio has serious penalties for sex crimes. It is up to the prosecutor, not the alleged victim, to drop the charges against you. A trial lawyer might be able to negotiate with the state prosecutor, particularly if this is a first offense or if the alleged victim’s story does not add up.
Our award-winning lawyers are ready to protect you with a custom defense strategy designed to prevent incarceration, fines, and a criminal record. Being accused of a sex crime is a life-changing event. You could lose your job, your reputation, your family, and your freedom. This is too serious to risk for anyone but the most recognizable name in Ohio criminal defense: Joslyn Law Firm. Call (513) 399-6289 for a free consultation.
Allegations and Filing Sex Charges in Cincinnati, OH Information Center
- Ohio Sex Charges Overview
- Sex Crimes Definition in Ohio
- Sex Crimes Statute of Limitations
- Ohio Penalties for Sex Crimes
- Evidence in Sex Crime Cases in Cincinnati Charges
- Suppression of Evidence in Ohio Sex Charges
- Possible Defenses for Sex Charges
- Ohio Sex Crimes Resources
- News About Ohio Sex Charges
- FAQs on Sex Charge Allegations
- Attorney for Allegations and Filing Sex Charges in Cincinnati, OH
Ohio Sex Charges Overview
The Ohio Revised Code § 2907 is the standard by which sex crimes in Ohio are defined, including:
- Rape: Ohio Revised Code Section 2907.02
- Sexual battery: Ohio Revised Code Section 2907.03
- Unlawful sexual conduct with a minor: Ohio Revised Code Section 2907.04
- Gross sexual imposition: Ohio Revised Code Section 2907.05
- Sexual imposition: Ohio Revised Code Section 2907.06
- Importuning: Ohio Revised Code Section 2907.07
- Voyeurism: Ohio Revised Code Section 2907.08
- Public indecency: Ohio Revised Code Section 2907.09
- Commercial sexual exploitation of a minor: Ohio Revised Code Section 2907.19
- Compelling prostitution: Ohio Revised Code Section 2907.21
- Promoting prostitution: Ohio Revised Code Section 2907.22
- Engaging in prostitution: Ohio Revised Code Section 2907.231
Sex Crime Charges Definition in Ohio
Sex crimes (or sex offenses) is a general term that is used to define behaviors and actions that include:
- Violence that occurs in a sexual act
- Sexual acts where there is no consent by one of the parties
- Sexual acts with a party (such as a juvenile or an impaired adult) who is incapable of giving consent
- Unwanted physical, sexual content, with or without penetration of any kind
- Unwanted verbal sexual advances
- Profiting from sex acts regardless of consent
Sex Crimes Statute of Limitations
The prosecution has a limited time to file charges for sex crimes. This does not include any statute of limitations on reporting alleged offenses by the accuser.
Ohio has different prosecution deadlines depending on the charge, outlined in Ohio Revised Code Section 2901.13. There is a 20-year statute of limitations for prosecuting:
- Unlawful sexual conduct with a minor
- Gross sexual imposition
- Compelling prostitution
There is a 25-year statute of limitations for prosecution of these crimes:
Exceptions for DNA Record Match
If a criminal investigation into an alleged rape or sexual battery reveals a match for a DNA record, the 25-year statute of limitations is extended. The prosecution has an additional five years.
There are also extensions for other types of sexual offenses:
- Six years to prosecute felony offenses
- Two years to prosecute misdemeanor offenses
- Six months to prosecute minor misdemeanors
Ohio Penalties for Sex Crimes
Penalties for sex crimes depend on the severity of the charge, minimum sentencing requirements, prior offenses, the age of the alleged victim, and other factors.
Below are jail or prison penalties for some sex charges in Ohio:
- Rape: This sex crime is a first-degree felony punishable by a minimum of three years in prison up to life imprisonment.
- Menacing by stalking with sexual motivation:This offense is a first-degree misdemeanor with a possible sentence of up to 180 days in jail. It can be elevated to a felony offense if the defendant has priors or if the victim is a minor.
- Sexual battery: This is a third-degree felony carrying the possibility of one to five years in prison, or a second-degree felony if the victim is under the age of 13.
- Unlawful sexual conduct with a minor: The penalties for this offense range from a first-degree misdemeanor (up to 180 days in jail) to a second-degree felony, which carries a sentence of two to eight years in prison.
- Gross sexual imposition: This may be a third-degree felony when the victim is under the age of 12, with up to five years in prison.
- Sexual imposition: This is a third-degree misdemeanor carrying up to 60 days in jail, or a first-degree misdemeanor with up to 180 days in jail if there are priors.
- Importuning: Depending on the ages of the parties and any prior convictions, this offense ranges from a fifth-degree felony (up to one year in prison) to a second-degree felony with up to eight years in prison.
Required Sex Offender Registration
Any adult who is convicted on sex charges in Ohio is subject to registration as a sexual offender. There are three levels of sexual offender registration: Tier I, II, or III. Tier III is the most restrictive and therefore is reserved for the most serious offenses. However, being subjected to a sexual offender label at any tier may have lifelong consequences.
You may have certain opportunities denied to you as a registered sex offender. This status may affect your:
- Custody arrangement
- Immigration status
- Employment status
- Housing opportunities
- Educational opportunities
In addition to sex offender registration requirements, all offenders are included on the Ohio Electronic Sex Offender Registration and Notification internet database.
Evidence in Sex Charges
There are a few different types of evidence that are used by the prosecution in sex charges:
- Physical evidence: Includes fingerprints, DNA (hair, blood, semen, or saliva), weapon, torn clothing, and other real evidence.
- Demonstrative evidence: This evidence is usually more probative than prejudicial and might include charts, graphs, and diagrams of a crime scene.
- Documentary evidence: Includes printed versions of emails and texts, letters, receipts, photos, and videos.
- Testimonial evidence: This is sworn testimony by a witness who has a meaningful contribution to the case.
It is important to remember that any evidence or testimony introduced by the prosecution and allowed by the court is open to interpretation and inquisition by your defense lawyer. We will also collect our own evidence, documentation, and witnesses to support your case.
Suppression of Evidence in Ohio Sex Charges
During discovery, a criminal defense lawyer will acquire and analyze the evidence that the prosecution plans to use against you in court. The prosecution must also include information on how the evidence was obtained.
We can raise doubt as to the purity and validity of evidence and ask the court to suppress this evidence. This means the jury will not be allowed to see, hear, read, or examine the evidence.
There are several claims the defense can assert to have evidence suppressed, including:
- The evidence was the result of an unreasonable search in violation of the Fourth Amendment.
- The evidence was obtained in an unlawful traffic stop or arrest that also violates your Fourth Amendment rights to unreasonable seizure.
- The evidence is unreasonably prejudicial or inflammatory to the defendant.
- The evidence was improperly collected, transported, or stored.
Any breach of protocol in the collection, transportation, and storage of evidence, particularly biological evidence, may be enough to have it suppressed. This makes it more difficult for the prosecution to make their case against you.
Possible Defenses for Sex Charges
Allegations and filing sex charges are often a result of conflicting accounts. A criminal defense lawyer will introduce evidence and testimony that counters or contradicts the prosecution’s evidence and testimony. This alone can be an effective defense strategy.
There are also other defenses for sex charges, including:
- A confession that was obtained through threats or coercion
- The arresting officer failed to read your Miranda rights
- Mistaken identity
- Ulterior motive by the accuser
- Mistaken consent
- Entrapment by law enforcement
It is also a powerful defense if you can show you were somewhere else at the time of the alleged attack, with documentation or testimony to support your alibi.
Ohio Sex Crimes Resources
RAINN is the nation’s largest anti-sexual assault organization. Its website is a comprehensive resource to learn about the effects of sexual violence, statistics on sexual assault, prevention and education programs, and a state-by-state breakdown of sex crime laws and penalties. Their 24/7 confidential helpline is 1-800-656-4673.
This website provides information about victim witness advocacy, the rights of crime victims, and how to file for protection orders against domestic violence and stalking. Its Victim Assistance Unit phone number is (614) 525-3555.
On this website, you will find information for sexual assault survivors, crisis counseling services, and fact sheets to promote education and empowerment. OAESV is a statewide coalition that offers an online directory of services for each county in Ohio. Call 844-OHIO-HELP for their staffed 24/7 helpline.
The Ohio Sexual Violence Helpline is a 24/7 hotline staffed by trained advocates. This is a confidential resource that offers help, support, and advocacy for sexual violence survivors in the state. For compassionate support, call 844-OHIO-HELP any time, day or night, 365 days a year.
The Ohio Attorney General’s Office operates this online system that allows sexual assault survivors to track the status of their evidence. Rape and sexual assault survivors have a right to know the status of their evidence kit.
News About Ohio Sex Charges
As reported by 5 News Cleveland, 31 people who live in five Ohio counties were recently arrested in an undercover sting operation led by the Ohio Internet Crimes Against Children (ICAC) Task Force and the Cuyahoga County Prosecutor’s Office. The defendants’ ages ranged from 20 to 80 years old.
They were charged with felonies from third degree to fifth degree, depending on everyone’s actions. The undercover operation, called “Operation Déjà vu” caught the alleged perpetrators while engaging in sexually explicit online chats with whom they believed to be minors (they were conversing with law enforcement officers).
Two state lawmakers are again trying to expand the statute of limitations on rape with a proposed bill that eliminates any time limits for criminal or civil legal action, according to a report by WTOL.
State Representatives Tavia Galonski, D-Akron, and Jessica Miranda, D-Forest Park, re-introduced legislation to eliminate the rape statute of limitations, allowing spousal exemptions for rape, sexual battery, and other sex crimes. Their previous bill was unable to move forward after two committee hearings due to a lack of support from Republican representatives.
“Madison Township Man Sentenced to 35 Years in Prison on Child Sex Crime Charges”
James Marquand, a 39-year-old Madison Township resident, was sentenced to 35 years in prison after pleading guilty to sexual exploitation of children and charges for the receipt and distribution of visual depictions of minors engaged in sexually explicit conduct.
The News-Herald reports U.S. District Court Judge Sara Lioi also ordered Marquand to pay $13,000 in restitution to victims. Marquand, a registered sex offender, was on parole from a Cuyahoga County conviction for attempted rape and unlawful sexual conduct with a minor.
FAQs on Sex Charge Allegations
- Is It Better to Accept a Plea Bargain for a Lesser Charge or Try for an Acquittal in Court?
- Accepting a plea bargain – where you plead guilty to a lesser charge with lighter penalties – or moving forward with a trial is a huge decision that only you can make. An attorney can help you understand the implications, benefits, and risks of this decision, but in the end, it is up to you.
- I Was Arrested for Importuning (Soliciting Someone Under Age 13 to Engage in a Sexual Activity) While in an Online Chat Room. What Is a Good Defense?
- The anonymous nature of online chat rooms makes it nearly impossible to determine if you are chatting with another consenting adult or a minor. One defense would be that if you were in a chatroom designated for adults only and unaware that the other person was a minor.
- My Former Partner Is Making False Allegations That I Sexually Assaulted Her After We Broke Up. What Do I Do?
- Alleged victims sometimes have an ulterior motive, like revenge. Our team will investigate your case in an attempt to disprove these allegations or argue that the prosecution’s evidence is not sufficient for a conviction.
- Will I Have to Register as a Sex Offender for a Misdemeanor Sex Crime Conviction?
- You may have to register as a Tier I sex offender if you are convicted for a misdemeanor.
Attorney for Allegations and Filing Sex Charges in Cincinnati, OH
Allegations and filing sex charges is a serious matter that may have life-long consequences. A sex crimes defense lawyer in Cincinnati protects your rights and fights for the best possible outcome.
If you are arrested on sex charges, please remember to:
- Tell police officers that you are exerting your Constitutional Fifth Amendment right to remain silent and that you want to call an attorney.
- Avoid contact or communication with your accuser.
- Stay off social media with any comments or posts about the alleged incident.
- Give your attorney all information that could be helpful for your defense, such as receipts, texts, or the names of people who could provide you with an alibi.
- Discuss your case with your attorney only – everything you discuss is privileged information that remains confidential and private.
Joslyn Law Firm has successfully defended clients who are faced with rape, sexual battery, and other sex charges. We are here to listen without judgment and to work with you on a customized defense strategy.
Get a Free Consultation Today
An attorney for allegations and filing sex charges in Cincinnati, OH, is a powerful ally when facing a possible sex crime conviction. Our award-winning firm has the resources and determination to aggressively pursue a reduction or dismissal of charges or to win an acquittal in court.
Call Joslyn Law Firm at (513) 399-6289 for a free, no-obligation consultation. We can be with you each step of this difficult journey.