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Cincinnati Rape Defense Attorneys

Experienced Lawyers Defending Against Rape Charges in Cincinnati

Defending against rape charges in Cincinnati means more than defeating the legal elements of Ohio Code § 2907.02. It means defending against an attempted assassination of character, protecting your professional reputation, and mitigating the effects of a rape investigation on loved ones. Rape prosecutions take a heavy emotional toll on all parties, but you are innocent of rape charges in Cincinnati until proven guilty beyond a reasonable doubt. Uncorroborated victim testimony is not enough to sustain rape charges in Cincinnati, but it may be enough to change the course of your personal and professional life.

Professional and Experienced Cincinnati Rape Defense Lawyers

Brian Joslyn and his team of experienced Cincinnati felony rape defense lawyers at the Joslyn Law Firm understand the intricacies and difficulties associated with Cincinnati rape prosecutions. Our respected Ohio rape defense attorneys zealously and professionally defend clients accused rape and related sex crimes in Cincinnati. Contact our experienced Cincinnati sex crimes defense lawyers online or by calling 614-444-1900 for your free and confidential rape defense consultation.

Cincinnati’s Comprehensive Information Center for Ohio Rape Charges

Cincinnati residents looking to understand more about the type of sexual conduct constituting rape in Ohio as well, as its potential penalties and defenses, should consult Cincinnati’s Comprehensive Information Center for Ohio Rape Charges (Ohio Code § 2907.02). Those being investigated for or charged with rape or a related sex crime in Cincinnati should immediately contact the experienced criminal defense lawyers at the Joslyn Law Firm online or by calling 614-444-1900 for a free, confidential rape defense consultation. You have the right to retain a criminal defense lawyer during rape investigations and at every stage of a rape prosecution. The earlier you retain a Cincinnati sex crimes defense attorney, the better protected you’ll be.

  1. Overview of Cincinnati Rape Charges under Ohio Code § 2907.02
  2. How Does Rape Differ from Related Sex Crimes in Cincinnati 
  3. Analyzing the Categories of Sexual Conduct Constituting Rape in Cincinnati
  4. Cincinnati Sexual Assault Task Forces and Rape Investigation Procedures
  5. Testimonial & Physical Evidence Commonly Introduced in Cincinnati Rape Cases
  6. Common Legal Defenses to Ohio Rape Charges
  7. Possible Direct Penalties for Cincinnati Rape Convictions
  8. Indirect, Collateral, and Unanticipated Consequences of a Cincinnati Rape Conviction & Designation as a Sexual Offender 
  9. FAQs Answered by Cincinnati Rape Defense Lawyers
  10. Resources for Rape and Sexual Assault in Cincinnati

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1. Overview of Cincinnati Rape Charges under Ohio Code § 2907.02

There is no universal definition of rape in the United States. Instead, “rape” is defined differently by each of the 50 states. Conduct constituting rape in New York may not be a sex crime in Ohio. For this reason, it’s important to understand how Ohio defines “sex” and the types of sexual conduct that constitutes rape in Cincinnati. 

In Cincinnati, rape is criminalized by Ohio Code § 2907.02. Those charged with rape in Ohio’s state courts will be indicated under this code section. The majority of Cincinnati rape defendants are charged in state court, not federal court. Rape is the most serious sexual offense in Ohio, and it is punishable as a felony in the first degree. Rape may even be punishable by a mandatory life sentence without the possibility of parole. A Cincinnati rape indictment will likely contain certain lesser criminal or lesser-included sex offense charges pursuant to Chapter 2907 of the Ohio Code. These may include sexual battery, unlawful sexual conduct with a minor (statutory rape), gross sexual imposition, assault and battery, and/or domestic violence.

If prosecutors are unable to prove every element of rape under § 2907.02, defendants may still be convicted of a lesser-included sex offense. Those charged with rape in Cincinnati should retain an experienced sex crimes defense lawyer able to present a holistic defense to rape and lesser-included sex crimes charges under Chapter 2907. By disproving rape, an inexperienced criminal defense lawyer may inadvertently introduce evidence of another Ohio violent or sex crime. 


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2. How Does Rape Differ from Related Sex Crimes in Cincinnati  

Because rape is a first-degree felony in Ohio, prosecutors must generally introduce specific evidence of the defendant’s criminal intent (mens rea) and qualifying sexual conduct (actus reus). Insufficient evidence of either may result in the dismissal of rape charges, but Cincinnati sexual assault prosecutors can pursue different or lesser-included criminal charges. Lesser-included offenses are those the defendant would necessarily have committed if convicted of rape, while lesser sex crimes cover slightly different types of sexual conduct. An offender cannot be convicted of rape and a lesser-included offense, but he can be convicted of rape and a distinguishable lesser crime. If any of the following describes the defendant’s actions prior to engaging in sexual conduct as defined below, he or she may be charged with rape in Cincinnati: 

  • The victim was under the age of 13 regardless of whether the defendant was aware of the victim’s age
  • The offender incapacitated the victim with drugs or alcohol for the purpose of preventing resistance to the sexual conduct
  • The offender engaged in sexual conduct with a victim who was unable to consent or resist the offender due to his/her age, mental disability, and/or physical limitations of which the defendant was aware
  • The offender physical restrained or harmed the victim or compelled him/her to submit to the sexual conduct by force or threat of force

Only “sexual conduct” as defined by the Ohio Code leads to rape charges while related Ohio sex offenses may criminalize both “sexual conduct” and “sexual contact.” The terms are defined as follows:

  • Sexual Conduct – Nonconsensual vaginal, anal, or oral sex between persons whether penetration is accomplished by a body part, instrument, or other apparatus and regardless of the parties’ genders. Oral sex, anal sex, and even slight vaginal penetration are considered sexual conduct and sufficient to sustain rape charges.
  • Sexual Contact – Any touching of another’s erogenous (stimulating) zones for the purpose of sexual arousal or gratification. Erogenous zones include, but are not limited to, genitals, buttocks, thighs, or female breasts. Sexual contact may occur in the course of sexual conduct but is not punishable as rape on its own.
  • Sexual Activity – Either sexual conduct, sexual contact, or both. Some Ohio sex crimes criminalize all sexual activity, but this is not true of the rape statute.

Depending on the defendant’s unique actions, an offender may also be charged with one of the following sex offenses in Cincinnati:

  • Sexual Battery (Ohio Code § 2907.03)Having sexual intercourse with one who is substantially impaired, unconscious, or subject to undue coercion. For example, if prosecutors cannot prove the defendant actually administered the intoxicating substance to the victim, they may charge the defendant with sexual battery. Sexual battery also criminalizes sexual conduct between two parties when one is a minor and/or the offender is in a relationship of power with the victim. Sexual battery is felonious and often a lesser-include offense of rape in Cincinnati.
  • Unlawful Sexual Conduct with a Minor (Statutory Rape – Ohio Code § 2907.04) – When someone over the age of 18 engages in sexual conduct, even consensual sexual conduct, with someone between the ages of 13 and 16. Statutory rape is traditionally a felony but may be a misdemeanor if the parties qualify for the Romeo and Juliet mitigation. This is always a lesser-included offense of rape if the victim was between 13 and 16 years of age.
  • Gross Sexual Imposition & Sexual Imposition (Molestation – Ohio Code §§ 2907.05 and 2907.06)When the offender has sexual contact with the victim against her will by force, when the victim is a minor, when the victim is impaired, or when the victim is unaware of the contact. Any unlawful contact designed to cause sexual arousal in either party is generally criminalized as sexual imposition. Gross sexual imposition is a felony, while sexual imposition may be a misdemeanor or felony. This is nearly always a lesser-included offense of rape in Cincinnati. 

Those indicted for rape in Cincinnati shouldn’t be surprised to see multiple charges for a single act. Prosecutors often use beefed up indictments to coerce defendants into pleading guilty to rape before they consult with experienced private rape defense attorneys.


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3. Analyzing the Categories of Sexual Conduct Constituting Rape in Cincinnati

There are four distinct categories of conduct constituting rape in Ohio. Conduct falling outside of these enumerated categories is not considered rape. The four categories of rape can be summarized as follows: 

  1. Involuntary Chemical Incapacitation: (1) The offender administered a drug, intoxicating substance, or intoxicant to the victim; (2) the administration of the intoxicant was done secretly, forcefully, threateningly, or by deception, i.e., “This will help you relax”; (3) the intoxicant substantially impaired the victim’s personal judgment or physical control, and (4) the intoxicant was administered to purposefully prevent the victim’s resistance to the sexual conduct.
  2. Child Rape: Prosecutors need only prove that the victim was under the age of 13 when the sexual conduct occurred. This is a strict liability crime. The defendant does not need to know the victim’s age.
  3. Mental or Physical Impairment/Elder Rape: (1) The victim’s ability to consent or resist the sexual conduct was substantially impaired by a mental or physical condition or by his/her advanced age, such as someone in a nursing home, and (2) the offender knew or should have known the victim was so impaired.
  4. Force/Threat of Force: The offender compelled the victim to submit to the sexual conduct by force or threat of force. Marriage is not a defense to this type of rape.

In addition to falling into at least one of these four categories, Cincinnati rape prosecutors must also show:

  • The parties actually engaged in “sexual conduct” as defined by Ohio Code § 2907.01
  • For categories A–C, the parties were not “spouses” when the conduct occurred. This means the parties were actually living together, in a lawful marriage, and were not separated or in the process of a divorce/annulment. 

Additional facts such as the actual age of the child, the victim’s physical injuries, any diseases transmitted, and/or the defendant’s mental state are considered during the sentencing phase of a Cincinnati rape prosecution. For example, rape of a child under 10 may result in life imprisonment without the possibility of parole, while defendants who had reason to believe the victim was over 13 may be subject to lesser penalties. 


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4. Cincinnati Sexual Assault Task Forces and Rape Investigation Procedures

The City of Cincinnati has both public and private task forces dedicated to investigating and preventing sexual assault. The Cincinnati police department’s personal crimes unit has detectives specially trained to investigate allegations of rape and sexual assault in Cincinnati while the Hamilton County Prosecuting Attorney’s Office has dedicated sex offender registration, felony trial, and victim-witness advocate divisions. There are multiple prosecutors and investigators in Cincinnati specializing in rape and sexual assault investigations. These individuals are experienced sex crimes investigators, and those accused of rape in Cincinnati need an equally experienced sex crimes defense lawyer. This is due, in part, to the means by which experienced Cincinnati sexual assault investigators obtain evidence to indict alleged sex offenders for rape. Cincinnati rape investigations typically unfold as follows: 

  • Report: The victim, victim’s loved ones, or a mandatory child rape reporter (doctor, teacher, counselor, social worker) will either contact Cincinnati police to report an alleged rape or police will respond to the scene of the rape and/or hospital.
  • Rape Kit/Initial Affidavit: If applicable, the victim will undergo a forensic rape examination, known as a rape kit exam, to preserve DNA or other evidence of sexual conduct. If the victim is under the age of 13, the presence of foreign DNA evidence is enough to file rape charges immediately. In other circumstances, this evidence must be paired with a victim’s sworn testimony that nonconsensual sexual conduct occurred. The victim may also have blood taken if he/she alleges involuntary intoxication.
  • In-Depth Victim Interview: Experienced sex crimes investigators will typically interview the victim and/or any witnesses to gage the victim’s truthfulness before opening a full rape investigation. Sometimes parents of minors report a “rape” when the conduct was consensual, but the victim fears parental retaliation for engaging in sexual conduct. Detectives may open a statutory rape as opposed to rape investigation in these circumstances.
  • Investigation: If the victim seems truthful, sexual assault detectives will conduct a full investigation. This may include obtaining warrants for a defendant’s DNA or to search the crime scene. They may interview a defendant’s family members, friends, and all potential witnesses. Importantly, they will attempt to interview and trap the defendant before he/she has the chance to retain a criminal defense attorney. A lot of corroborating evidence can come from a defendant’s testimony, but he is not required to speak with police and cannot be retaliated against for refusing to do so.
  • Indictment and Arrest: Once detectives gather evidence of every element of rape in Cincinnati, they will transfer the case to the prosecutor’s office. Because rape is always a felony, prosecutors must bring the evidence before a grand jury. If the grand jury indicts the defendant for rape under Ohio Code § 2907.02, an arrest warrant is issued and the defendant is arrested and officially charged with rape in Cincinnati. This triggers his right to demand appointment of a criminal defense attorney.

Defendants should not wait until they are arrested before contacting an experienced Cincinnati rape defense lawyer. As soon as you’re contacted about a potential sexual assault, respectfully refuse to speak with police until you speak with a sex crimes defense lawyer. Your Cincinnati criminal defense attorney can then determine whether it’s in your best interest to give a statement. 


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5. Testimonial & Physical Evidence Commonly Introduced in Cincinnati Rape Cases 

Due to the delicate nature of rape prosecutions, special evidentiary rules and procedures apply to Cincinnati rape cases. Sexual assault investigators aren’t limited in the collection of evidence, but attorneys are limited in the testimonial evidence they can introduce during rape proceedings. Physical evidence, such as the evidence obtained from a rape kit, is not limited provided it’s gathered according to Fourth Amendment procedures, is deemed scientifically reliable, and is not more prejudicial than probative to the case. Physical evidence commonly gathered and introduced during Cincinnati rape proceedings includes: 

  • Biological evidence gathered from the victim’s body to determine the presence of foreign DNA (sperm, blood, pubic hair, or skin cells)
  • DNA samples from all parties
  • Pubic hair samples from the parties
  • Drug test results from the victim’s blood and hair if involuntary intoxication is claimed
  • Clothing fibers and evidence from under the victim’s fingernails
  • The victim’s clothing from the date of the offense
  • Physical evidence gathered from the alleged scene of the rape such as bedding, condom wrappers, clothing, and/or drug paraphernalia 

Testimonial evidence is more complex. Witnesses, the victim, and the defendant (only on the advice of an experienced rape defense attorney) may always testify about the event in question. They may give their version of the facts and testify about the sexual conduct. However, the Ohio rape statute prohibits the following information from being introduced during rape prosecutions unless (1) it’s introduced for an enumerated purpose, i.e., to prove motive or that any DNA evidence gathered was from another party, and (2) the Cincinnati judge holds a private evidentiary hearing to weigh the value of the evidence and approve its limited introduction:

  • Testimony going towards the defendant’s past sexual history, specific instances of sexual activity, opinion evidence regarding his sexual activity, and sexual reputation
  • Testimony going towards the victim’s past sexual history, instances of sexual activity, opinion evidence regarding his/her sexual activity, and sexual reputation
  • Evidence of the parties’ overall sexual history unless it’s material to the case and involves (1) the origin of semen, pregnancy, or an STD, (2) is related to the past sexual history between the parties, and/or (3) goes directly to the defendant’s motive for committing the rape

Immediately prior to trial, the judge will hold a hearing outside the presence of the jury during which the parties can argue for and against the introduction of the above testimonial evidence. Private counsel may represent the victim’s personal interests during this hearing if they conflict with the prosecution’s position. Aside from this unique pretrial hearing, the criminal court process for Cincinnati rape prosecutions follows normal felony-level criminal procedures. 


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6. Common Legal Defenses to Ohio Rape Charges

Prosecutors have the burden of proving guilt beyond a reasonable doubt, but if they present sufficient evidence to the jury, the burden of raising a defense to Cincinnati rape charges falls on the defendant. A defendant’s legal defense may be strong enough that an experienced Cincinnati sex crimes defense lawyer can convince prosecutors to drop rape charges before trial. Alternatively, a strong defense to rape may result in a beneficial plea deal or substantial sentencing mitigation. The following are some of the most common legal defenses to rape charges in Cincinnati: 

  • Consent: Sex is generally not criminal. Instead, rape is criminalized because of the victim’s lack of clear or legal consent to the sexual conduct. The defendant’s belief that the victim consented is not enough to justify the sexual conduct, but it may be raised as a defense to rape with the right evidence. Consent is a complete defense to rape unless the victim was disabled, under the age of 13, or you’ve been charged with statutory rape. The victim’s testimony alone is not enough to prove lack of consent. It must be supported by additional evidence of nonconsensual sexual conduct.
  • DNA/Rape Kit Abnormalities: Traditional rape kit examinations must be undertaken within 3 days of the sexual encounter to obtain foreign DNA evidence, i.e., sperm. A substantial delay in submitting to a rape kit exam may result in a loss of crucial DNA evidence. An experienced Cincinnati sexual assault defense attorney may argue that evidence from a delayed rape kit, i.e., a traditional exam conducted two weeks after the alleged rape, is more prejudicial than probative. He may also argue that refusal to submit to a rape examination is evidence of a consensual encounter.
  • Marriage: One of the major exceptions to rape in Ohio is marriage. The parties must have been living together in a valid marriage at the time of the alleged sexual conduct. While the spousal rape exception is often criticized, rape allegations do arise during acrimonious child custody and divorce proceedings. These allegations may be used to discredit another party, but you may not be prosecuted for certain categories of rape if you were married and cohabiting at the time of the sexual conduct. The exception does not apply to forcible rape or if the parties were separated, divorcing, or in the process of annulment.
  • Statute of Limitations Defense: The statute of limitations for rape in Ohio is 25 years. A rape prosecution must commence within 25 of the alleged act or 25 years after the victim reaches 18, whichever is later. There are some exceptions to these limitations, including a later discovered DNA match, which extends the statute of limitations by five years. If charges aren’t filed within the specified time frame, a rape indictment must be dismissed.
  • Constitutional Challenges: Failure to indict, appoint defense counsel, impanel an impartial jury, present the defendant with witnesses against him, and/or prosecute the crime in accordance with the “speedy trial” deadline are common constitutional defenses to all criminal charges. These are in addition to the more common constitutional evidentiary defenses arising under the Fourth Amendment.
  • Fourth Amendment Evidentiary Defenses: Any evidence obtained during sexual assault investigations must be gathered in accordance with the Fourth Amendment. The Fourth Amendment requires law enforcement to have a valid warrant based on probable cause, not a “hunch,” to obtain most evidence. Evidence obtained in violation of the Fourth Amendment must be excluded from consideration at trial as well as any evidence gathered as a direct result of an illegal seizure.

Not every defense is applicable to each category of rape or available in each rape prosecution. For example, consent is never a defense to rape of a child, and marriage is not a defense to violent rape. Only a qualified Cincinnati sexual assault defense attorney can analyze a rape indictment and determine which procedural, evidentiary, constitutional, and affirmative defenses are available in a specific case.  


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7. Possible Direct Penalties for Cincinnati Rape Convictions

Rape is a first-degree felony. This is the highest level felony in Ohio. The penalties for first-degree felonies range from 5 years to life imprisonment without the possibility of parole and a fine up to $20,000. While Ohio judges typically have discretion during rape sentencings, there are some statutory mandatory minimum penalties for rape in Cincinnati. You will be punished at minimum as follows in the following circumstances: 

  • Five years of mandatory imprisonment for rape facilitated by involuntary intoxication or force
  • Life imprisonment without the possibility of parole for the violent rape of a child under 10 years of age as set forth by the Ohio sexually violent predator statute 

Judges may impose harsher penalties depending on the facts. Cincinnati judges are also permitted to sentence a convicted rapist to a term of life imprisonment without the possibility of parole if the rape was of a child under the age of 10, the rape was facilitated by violence, the victim was physically harmed, or the offender has previously been convicted of rape or a substantially similar crime in any jurisdiction. There is an exception to life imprisonment if the offender was under the age of 16, the victim over the age of 10, the offender did not physically harm the victim, and it was a first-time offense. Additional mandatory and/or direct penalties for a Cincinnati rape conviction include: 

  • Mandatory life registration on the Ohio Sexual Offender Registry and the prohibitions stemming therefrom
  • Mandatory post-release control/Probation
  • Mandatory restitution to the victim for any costs incurred as a result of the rape such as medical and psychological bills
  • Attendance at drug, alcohol, and/or sex offender rehabilitation programs
  • Payment of all investigation and court costs in addition to fines and restitution

Avoiding a Cincinnati rape conviction is the only way to spare defendants the majority of these life-altering consequences, many of which judges have no choice but to impose. A conviction may mean life imprisonment under Ohio law regardless of any mitigating factors. 


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8. Indirect, Collateral, and Unanticipated Consequences of a Cincinnati Rape Conviction & Designation as a Sexual Offender  

A sentence of life imprisonment without the possibility of parole is rare. Substantial prison time is typically reserved for Cincinnati’s worst offenders, including child rapists and those charged with physical or elder abuse of the victim. Convicted sex offenders falling outside these categories are typically released to community control after serving at least a portion of their prison sentence. It’s after release that convicted Hamilton County rapists learn about the serious collateral and often unanticipated consequences of a Cincinnati rape conviction. These typically arise from designation as a felon and Tier III sex offender with mandatory lifetime registration on the Ohio Sexual Offender Registry. These collateral consequences often include: 

  • Severe residency and work restrictions within designated school zones
  • Appearance of personal identifying information on the Ohio Sex Offender Registry
  • Neighborhood notification of identity, crime, and release within 1200 feet of the offender’s residential address
  • Mandatory check-ins with local law enforcement every 90 days for life
  • Loss of a job and any professional licenses
  • Inability to obtain a professional license
  • Rejection and/or inability to attend Ohio public schools and universities
  • Ineligibility for financial aid, home loans, and/or financing
  • Loss of all firearms (Second Amendment) rights for violent rapists
  • Loss of child custody and an inability to foster/adopt
  • Inability to travel out of the state or county including an inability to travel internationally
  • Deportation for non-citizens and inability to obtain foreign visas
  • Loss of/inability to obtain certain recreational licenses, i.e., boating, hunting, fishing
  • Inability to utilize certain public facilities such as parks, libraries, and pools

The nature of these collateral consequences often depends on the facts of the case and the offender’s residence, profession, and locale. In addition to these potential indirect consequences, the following information will appear on the Ohio Sexual Offender Registry: 

  • Legal name and/or aliases (public)
  • Photo (public)
  • Home address (public)
  • Work address (public)
  • Conviction type and/or criminal designation (public)
  • Vehicle information (public)
  • Screen names (private)
  • Phone numbers (private)
  • Email addresses (private)
  • Any internet handles or online designations (private)

Designated Tier III sex offenders must provide all of the above information to law enforcement officials and update the same every 90 days. Failure to do so may result in a revocation of parole, additional criminal charges, and/or re-imprisonment.


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9. FAQs Answered by Cincinnati Rape Defense Lawyers 

Below are general answers to some of the most common questions received by the Joslyn Law Firm’s experienced Cincinnati rape and sex crimes defense attorneys. Questions regarding the application of federal or state law to a specific case should be routed directly to one of our Cincinnati criminal defense lawyers online.

    1. What is Rape in Ohio?

In Ohio, rape is generally defined as having non-consensual sex with another person if the sex is forced by drugging the victim, violence or threats of violence, or the victim is too young, old, or otherwise incapable of defending himself/herself. Rape may also be charged if the victim was mentally or physically disabled. “Yes means yes” as opposed to “no means no” in Ohio, and some victims are legally incapable of agreeing to the sexual conduct. “Sex” includes vaginal, anal, and/or oral sex regardless of the parties’ genders. 

                  2. What is the Punishment for Rape in Ohio?

In Ohio, rape is a felony in the first degree punishable anywhere from 5 years to life imprisonment without the possibility of parole and a fine up to $20,000. Some penalties are mandatory, while judges have discretion to impose others. Convicted rapists are also designed Tier III sex offenders subject to lifetime registration on the Ohio Sexual Offender Registry.

                3. What is the Max Sentence for Rape in Cincinnati? 

Life imprisonment without the possibility of parole. This is mandatory if the rape was of a child under the age of 10 through force and/or if harm was caused to the child. This is a permissible sentence (not mandatory) if the victim was under the age of 10, the victim was physically harmed, the rape was accomplished by violence or threat of violence, or the offender was previously convicted of rape in Ohio or another jurisdiction.

                4. What is felony rape?

All rape is felony rape. If you are convicted of rape in Cincinnati, you have been convicted of a first-degree felony. This term may also be used to refer to rape committed during the commission of another felony, such as murder or robbery, and criminal liability may be imputed on accomplices to the alternative felony.

               5. What Constitutes Statutory Rape in Ohio?

Statutory rape is called “unlawful sexual contact with a minor” in Ohio and differs from rape in that each party actually “consented” to the sexual conduct, but one of the parties was too young to legally do so. Statutory rape occurs if the victim was 13, 14, or 15 at the time of the sexual conduct, or the victim was 16 or 17 and the offender was at least 4 years older than the victim. Any sexual conduct with a minor under the age of 13 is rape, not statutory rape, regardless of the offender’s age. Statutory rape is also a felony unless the Romeo and Juliet mitigation applies.

               6. What is attempted first-degree rape?

Attempted first-degree rape means the offender (1) intended to rape the victim, (2) he/she took an affirmative step to accomplish the rape, but (3) was stopped from engaging in the sexual conduct. For example, an offender who drugs a victim for the purpose of rape has committed attempted first-degree rape even if the victim is thereafter saved by a friend or successfully defends against the sexual conduct. Even a minor overt step, such as bringing the date rape drug into a bar, may result in attempted rape charges for which the punishment is generally the same as a rape conviction.

               7. What are Some Defenses Against Rape Charges?

The most common defenses to rape in Cincinnati include:

  • Procedural and Constitutional violations
  • Consent
  • Lack of DNA evidence
  • Lack of corroborating evidence
  • Marriage
  • Expiration of the statute of limitations
  • Age/diminished capacity of the offender

The type of defenses available to defendants depends on the category of rape charged and the circumstances of the offense.

                  8. How Can a Cincinnati Rape Defense Attorney Help? 

You cannot be convicted of rape in Cincinnati on the victim’s testimony alone. Without corroborating DNA, testimonial, or physical evidence, prosecutors cannot sustain rape charges in Cincinnati. Sexual assault investigators often try to glean necessary corroborating evidence from the alleged offender, including lying to get the defendant to admit he was at the scene of the crime. Police are permitted to do this, but defendants never have to testify against themselves. A refusal to testify cannot be used against a defendant to sustain rape proceedings, but without the aid of an experienced sex crimes defense lawyer, defendants often give rape investigators incriminating evidence. The earlier you contact a Cincinnati rape defense lawyer, the better the attorney can protect your rights. Further, criminal defense attorneys can represent your interests during every stage of the proceedings, build a defense to rape charges, challenge prosecution evidence, negotiate a beneficial plea deal, fight for acquittal, mitigate your sentence, and if necessary, appeal a rape conviction to Ohio’s highest court. 


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10. Resources for Rape and Sexual Assault in Cincinnati 

Whether you’re the victim of childhood sexual abuse or have recently suffered from a sexual assault in Cincinnati, the following non-profit organizations may be able to help. They often assign victims a special legal advocate and/or guardian to help them file a report, protect them during forensic rape examinations, and guide them through the criminal justice, medical, and rehabilitation process at no cost. 

Those wishing to obtain more information about Cincinnati rape charges and the defenses thereto should contact the Joslyn Law Firm for a free, confidential rape defense consultation online or by calling 614-444-1900. They may also contact the Ohio Office of the Public Defender for more information.

Our compassionate and professional Cincinnati rape defense attorneys at the Joslyn Law Firm are dedicated to protecting the rights of those accused of rape in Ohio. Contact our Cincinnati sex crimes defense lawyers today.

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