Gross Sexual Imposition Attorney in Cincinnati, OH
Ohio law makes it a felony to engage in sexual contact with another person against their will. Unfortunately, these cases can be complicated, and often, the defendant does not even understand the scope of the laws that have resulted in their indictment. If you have been arrested or charged with gross sexual imposition in Cincinnati, Ohio, our lawyers will protect your rights. We believe in obtaining the best outcome for your case and have the experience to make this happen.
Joslyn Law Firm has handled more than 20,000 criminal cases in Ohio. Our law firm has gained national recognition from judges, attorneys, and the legal industry in general, for our knowledge, experience, and professionalism. Our principal attorney, Brian Joslyn, is listed in the Bar Register of Preeminent Lawyers. His ethical standards, legal expertise, and communication skills have earned him the prestigious AV Preeminent award.
Apart from this, Joslyn has received multiple awards, including the honor of a “10 Best Attorney” from the American Institute of Criminal Law Attorneys and the “Rising Star” designation from the renowned Super Lawyers attorney rating service.
Cincinnati Attorneys for Gross Sexual Imposition
We know how overwhelming it is to have your decency and reputation challenged, and the possibility of serving time in prison can be particularly daunting. It is important that you not give up hope. Our lawyers know how to defend against sex charges, and we will put our knowledge and experience to work in defending your case.
Our gross sexual imposition attorneys in Cincinnati, OH will investigate your case and review the prosecution’s evidence to determine which defense strategies would be most effective. We aim to have your case dismissed or the charges against you dropped or reduced. Possibly, we could dismantle the prosecution’s case by suppressing key pieces of evidence. This could work especially well if investigators violated your Fourth Amendment right to privacy.
We could challenge witnesses’ credibility, present an alibi, or argue a case of mistaken identity. These are just a few examples of strategies that could work to bring about a positive outcome for you. We have used similar strategies to achieve results for previous clients.
The facts of your case will determine how we attack it. We have all the knowledge of Ohio’s criminal laws necessary to fight the charges against you. In fact, our legal team has become a regular subject matter expert for journalists from 4 NBC, 6 ABC, 28 FOX, and 10 WBNS, The Plain Dealer, and The Columbus Dispatch.
Let the gross sexual imposition lawyers at Joslyn Law Firm be the subject matter experts who help you come through this legal challenge as best as possible. Call us today for a private no-obligation consultation at (513) 399-6289.
Information Center for Gross Sexual Imposition in Cincinnati, OH
- Overview of Gross Sexual Imposition in Ohio
- Ohio Penalties for Gross Sexual Imposition
- Evidence in a Case of Gross Sexual Imposition in Cincinnati, OH
- Defenses Against Gross Sexual Imposition in Ohio
- Resources for Gross Sexual Imposition in Cincinnati, OH
- News About Gross Sexual Imposition in Cincinnati
- FAQs About Gross Sexual Imposition in Hamilton County
- Defense Lawyer for Gross Sexual Imposition in Cincinnati, OH
Overview of Gross Sexual Imposition in Ohio
Ohio’s laws regarding gross sexual imposition appear in the Ohio Revised Code § 2907.05. According to the statute, it is illegal for a person to have sexual contact with another person (except their spouse) or cause someone (other than their spouse) to have sexual contact with them, or make two or more people have sexual contact in the following situations:
- The other person submits to the sexual contact because the offender has used or threatened to use force against them.
- The other person cannot resist the sexual contact because the offender has administered a controlled substance, intoxicant, or any drug, whether by deception, force, or threat of force, thereby impairing the person’s control or judgment.
- The offender is aware that the other person is substantially impaired from a drug or intoxicant administered for a medical or dental procedure and that the person’s judgment or control has suffered accordingly.
- The other individual is less than 13 years old (it does not matter if the offender knows the other person’s age).
- The other person suffers impairment from a mental or physical condition or due to their advanced age, and the offender knows this or has reason to believe it to be true.
Ohio Revised Code § 2907.05 also defines the act of intentionally touching another person’s genitalia as gross sexual imposition under the following circumstances
- The touching does not occur through clothing.
- The other person is less than 12 years old, regardless of whether the offender knows the individual’s age.
- The offender touches the other person intending to abuse, harass, humiliate, degrade, or cause sexual arousal or gratification of any of the people involved.
How Gross Sexual Imposition Is Charged in Cincinnati
Ohio law states that an act of gross sexual imposition generally constitutes a fourth-degree felony. However, if the alleged offender administered a controlled substance to the victim, the crime becomes a third-degree felony.
If the other person is under the age of 13, the charge is automatically elevated to a third-degree felony.
Ohio Penalties for Gross Sexual Imposition
If an Ohio court convicts you of gross sexual imposition, the penalty depends on how the offense was charged. Depending on the circumstances of your case, the crime would be charged as either a fourth-degree felony or a third-degree felony. Ohio Revised Code § 2929.14 outlines the penalties for each charge as follows:
- Fourth-degree felony: Definite prison term of six to 18 months and a fine of up to $5,000
- Third-degree felony: Prison term of nine to 36 months and a fine of up to $10,000
Ohio law further requires a mandatory prison term for gross sexual imposition if the alleged victim is under the age of 13 and the offender has a previous conviction or plea of guilty to rape. This also holds true for former cases of felonious sexual penetration, sexual battery, and gross sexual imposition when the alleged victim is younger than 13 years of age.
The state requires in these instances—for acts allegedly committed after Aug. 3, 2006—the prosecution must have submitted evidence other than the alleged victim’s testimony.
Collateral Consequences of a Conviction
On top of these penalties and fines, if you are convicted of gross sexual imposition, you could be stripped of multiple civil rights. Your reputation will be forever tainted, and you will have to register as a sex offender. This conviction would affect you for the rest of your life.
Evidence in a Case of Gross Sexual Imposition in Cincinnati, OH
DNA—from saliva, hair, skin, or semen—can serve as the “star evidence” in any sex crime case. However, other types of evidence can play an equally influential role for the prosecution. An article from the National Institute of Justice (NIJ) outlines the importance of non-DNA evidence, with examples like:
- Digital evidence
- Toxicology reports
- Controlled substances
- Evidence from the crime scene
- Latent fingerprints
Other Evidentiary Constraints in a Sex Case in Ohio
The prosecution does not need to prove that the victim physically resisted sexual contact to make their case. Furthermore, under Ohio law, our defense team cannot bring up the alleged victim’s history of sexual activity, including any opinions or reputation evidence of sexual activity. However, prosecutors can present evidence that corroborates the offense and/or ties you to the crime.
Examples include evidence of disease, pregnancy, or the origin of semen. The law restricts such evidence only when it is not material to a fact at issue, and its probative value does not outweigh the inflammatory or prejudicial effect the evidence would have on the jury.
Due to the sensitivity of this type of evidence, a court must first consider admissibility before it can be entered into evidence. This review occurs in chambers during a preliminary hearing no fewer than three days before trial.
Gross Sexual Imposition Must Be Prosecuted Within 20 Years
Ohio Revised Code § 2901.13 defines the statute of limitations for the crime of gross sexual imposition. According to the statute, Cincinnati prosecutors must begin prosecuting your case within 20 years after the alleged act, conspiracy, attempt, or complicity to commit the act occurred.
Defenses Against Gross Sexual Imposition in Ohio
If you have been charged with gross sexual imposition, rest assured that our legal team has the experience, knowledge, and commitment to build a sturdy defense on your behalf. Our gross sexual imposition attorneys will conduct our own investigation of the alleged offense and review the prosecution’s case and evidence against you.
Some of the potential defenses to your sex charges include:
Consent
Because “force” is a necessary element of gross sexual imposition, if both parties voluntarily engaged in sexual contact, no crime has occurred. This defense applies only if all parties are over 16 years of age.
Mistaken Identity
It is not uncommon for a person’s recollection to be thrown off in the course of a traumatic event. This is often true with sex crimes, and it could lead to an innocent person being charged with something they did not do.
Other circumstances—like poor lighting or the victim’s senses being impaired by a controlled substance or intoxicant—can also contribute to a mistaken identity defense. If our attorneys can raise reasonable doubt in this regard, we could get the charges against you dropped or the case dismissed.
No Sexual Contact
With this defense, our lawyers assert that the crime simply did not happen. This defense comes down to challenging the credibility of the accuser, who our lawyers could portray as exaggerating or lying. A number of circumstances could prompt a person to accuse another of gross sexual imposition when the offense never took place.
In the case of a minor, it sometimes happens that another adult persuades the child to make this false accusation. Our legal team will analyze the evidence and identify any weaknesses we can underscore to convince a jury that the crime did not occur.
Violation of Your Fourth Amendment Rights
Law enforcement officers, investigators, and prosecutors must comply with rules that protect your Constitutional right to privacy and against unreasonable searches and seizures.
For example, if police obtained evidence by unlawfully entering and searching your home without a warrant or probable cause, our lawyers could file a motion to suppress the evidence—along with any evidence that surfaced as a result of the unlawfully obtained evidence. This could quickly dismantle the prosecution’s case and lead to a dismissal.
Chain of Custody
Any evidence collected in a criminal trial must follow a rigid procedure for collection, transfer, and storage. This is called the chain of custody, and it leaves a paper trail that our attorneys can analyze to check for violation of procedure.
In a case of gross sexual imposition, DNA evidence often plays a role in the prosecution’s case. If the DNA is not properly stored or tested in a timely manner, our team will raise the chain of custody defense and move that the court suppress this evidence. Without particularly significant evidence, the prosecution’s case can easily fall apart.
Alibi
By submitting an alibi, our legal team tells the court that you could not have committed the act of gross sexual imposition because you were somewhere else at the time the alleged offense took place. According to the Ohio Revised Code § 2945.58, your defense attorney has the right to establish an alibi on your behalf, provided we serve notice to the prosecuting attorney within seven days of our intent to claim the alibi.
After a thorough investigation of all the facts and evidence, our sexual imposition lawyers will put a solid defense strategy to work in your case.
Resources for Gross Sexual Imposition in Cincinnati, OH
University of Cincinnati Sex Crimes
This University of Cincinnati (UC) page acknowledges that students, faculty, and staff at the school have reason to be concerned about sex crimes on campus. The site defines the various types of sex crimes—as well as dating violence and stalking—and encourages victims of such offenses to report their experiences to the UC Police. This page provides contact information for various sex crime resources on campus and also offers steps that victims might consider taking after an incident.
Ohio Supreme Court: Ohio Criminal Sentencing Commission
The Ohio Criminal Sentencing System publishes this Felony Sentencing Reference Guide. You can peruse this document to gain an understanding of the state law that governs how Ohio courts sentence felony offenses. The guide explains what judges consider at each phase of the sentencing procedure. It also presents Ohio Supreme court opinions, as well as legislative revisions to the state sentencing scheme and process.
Ohio Attorney General’s “Ohio Crime Victims’ Rights”
Ohio Attorney General Dave Yost provides this booklet for victims of violent crimes throughout the state. Here, victims of gross sexual imposition and other violent crimes can learn how to navigate Ohio’s criminal justice system. The document also explains victims’ rights and the process they should follow when applying for compensation.
Cincinnati Citizens Respect Our Witnesses (CCROW)
Cincinnati police often struggle to cut through the “no snitch” mentality that prevents witnesses from stepping forward with information about a crime. This roadblock exists just as much with sex crimes like gross sexual imposition as it does with drug- and gang-related offenses.
You can visit this site to learn about Cincinnati Citizens Respect Our Witnesses (CCROW), a support program for witnesses and their loved ones. CCROW was developed by the Cincinnati Police Department, which continues to oversee the program.
Hamilton County Prosecuting Attorney’s Office – Sexual Offender Unit
The Hamilton County Prosecuting Attorney’s Office has a Sexual Offender (SO) Unit that helps the Hamilton County Sheriff’s Department handle registration requirements and residences of registered sex offenders throughout the county. The unit employs an assistant prosecuting attorney and an investigator to prosecute and monitor offenders and enforce residency restrictions and registrations. This web page links to court and judge resources and provides a link to a searchable Hamilton County sex offenders database.
News About Gross Sexual Imposition in Cincinnati
August 2, 2021
“Nursing Assistant Faces More Charges as Second Alleged Victim Discovered”
A grand jury indicted an employee at a Warren County, Ohio, nursing home on three counts of rape and three counts of gross sexual imposition, reports Local12 News. The alleged victim in this case marks the second to accuse Godbless Uwadiegwu of sex crimes. Previously, a nursing home patient alleged that the nursing assistant had kissed, licked, and fondled the patient’s breast. The criminal acts were said to take place at Traditions of Deerfield. Uwadiegwu is being held on a $150,000 bond.
July 29, 2021
“Alleged Serial Rapist of Women and Girls Charged with 37 Crimes Dating Back to 1987 in Two Different States”
A Cincinnati man charged in Hamilton County with 11 counts that include rape, gross sexual imposition, and kidnapping now faces a 26-count indictment for sex crimes in Campbell County, Kentucky. The man, William Blankenship, faces accusations of sodomy, rape, burglary, kidnapping, sexual abuse, and unlawful transactions with a minor.
One of Blankenship’s victims was 14 years old when he began attacking her, and two others were 11 and 13 years old. It is believed that additional victims live in the greater Cincinnati area. The man is being held on a $1 million bond for the charges brought in Campbell County.
July 27, 2021
“New Charges Filed Against Rapist Convicted in 2020”
A man serving a 16-year prison term for raping a 6-year-old child has been indicted on charges involving another juvenile victim. Cazembeode Barham faces three new counts of rape and one count of gross sexual imposition. The new charges connect to a family acquaintance who alleges that Barham raped her in 2017.
In the former case, Barham told investigators that the minor wanted to take part in the sexual acts. The man pleaded guilty to two charges out of six counts of rape. Instead of serving 48 years in prison, the plea resulted in a shortened, 16-year sentence.
July 22, 2021
“Forest Park Man Accused of Molesting Young Girls”
John Hendricks of Forest Park faces allegations of molesting four young girls. According to Local 12 WKRC, the man has been charged with rape and gross sexual imposition. He was arrested and held on a $300,000 bond.
Hendricks knew the girls through family connections. Allegations include his touching the girls’ genitals on multiple occasions, touching a 12-year-old girl’s breasts, pulling out his penis, and asking a girl between 6 and 8 years old to perform oral sex on him.
July 19, 2021
“18-Year-Old Football Standout from Anderson Charged with Raping Sleeping Girl”
The family of 18-year-old high school football star Crosley MacEachen posted a $100,000 bond to free the teen before his pretrial hearing, according to the Cincinnati Enquirer.
MacEachen was charged with rape, gross sexual imposition, and sexual battery after a girl said she woke up on December 6, 2020, with MacEachen on top of her, having sexual intercourse with her. The teen athlete played football at Cincinnati Hills Christian Academy and had signed to play at the University of St. Francis in Fort Wayne, Indiana.
February 14, 2019
“Ohio State Trooper Fired Following Gross Sexual Imposition Indictment”
On separate occasions, Ohio State Trooper Christopher Ward allegedly had sexual contact with an adult victim and with a minor victim, both through force or threat of force. Ward was indicted on charges of gross sexual imposition and fired. Ohio Attorney General Dave Yost put out a call for tips and asked any other victims to step forward. In response, another woman called the office saying she, too, was a victim of Ward’s criminal sexual activities.
FAQs About Gross Sexual Imposition in Hamilton County
Q. What Is Gross Sexual Imposition?
- Ohio law defines gross sexual imposition as occurring when the offender has sexual contact with someone other than their spouse under force or threat of force or because the offender has administered a controlled substance, impairing the victim’s ability to control or exercise sound judgment.Gross sexual imposition can also occur when the offender knows the other person is impaired from an intoxicant administered during a medical procedure, or the other person is under the age of 13, or if the other person suffers from a mental or physical condition or is advanced in age and is their control or judgment is thereby impaired.
Q. What Is the Sentence for Gross Sexual Imposition in Ohio?
- The sentence for this offense in Ohio depends on a few factors. If charged as a fourth-degree felony, the sentence runs between six and 18 months. If charged as a third-degree felony, the prison term is between nine and 36 months.
Q. How Do You Prove Gross Sexual Imposition?
- To prove their case, the prosecutor will have to provide evidence that the defendant knew the alleged victim would consider the sexual contact between them offensive. The prosecutors do not, however, need to prove the alleged victim resisted the sexual contact.
Q. Is Gross Sexual Imposition a Felony in Ohio?
- Yes, gross sexual imposition—or GSI—is charged as a fourth-degree felony in Ohio. Furthermore, if the offense involved administering a controlled substance to the victim, or if the victim was under 13 years of age, GSI becomes a third-degree felony.
Q. How Can I Beat a Gross Sexual Imposition Charge in Cincinnati?
- Our gross sexual imposition attorneys can draw from several potential defenses. Depending on the circumstances of your Cincinnati case, we may argue a case of mistaken identity, witness credibility, constitutional violations, a chain of custody issues, or alibi. These are just some examples of potential defense strategies.
Defense Lawyer for Gross Sexual Imposition in Cincinnati, OH
If you are convicted of gross sexual imposition in Cincinnati, your life could be changed forever. This offense, which is charged as a felony, could send you to prison for several years. Even on your release, you will face collateral consequences that make it difficult to find employment or housing or to retain child custody or visitation rights.
Do not take an investigation of gross sexual imposition lightly. Call our lawyers serving Cincinnati to guide you through the judicial process and ensure your rights are not violated. Call Joslyn Law Firm today for a free consultation: (513) 399-6289.
