Sexual Battery

Sexual battery is a serious criminal offense in Ohio that encompasses a number of prohibited behaviors. State law prohibits engaging in sexual conduct with another person who is not the spouse of the alleged offender when certain circumstances apply.

Sexual conduct is defined under Ohio Revised Code § 2907.01(A) as “vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus 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.” Sexual battery is a felony offense that not only can result in a lengthy prison sentence and a huge fine but also require lifetime registration as a sex offender.

Cincinnati Sexual Battery Defense Attorney

The term “battery” often describes physical violence or injury. If someone is “battered,” we assume she’s been physically abused. It’s not unfair to assume the crime of sexual battery solely prohibits sexual violence and aggression in Cincinnati. While the Ohio sexual battery statute certainly criminalizes sexual violence, neither injury nor lack of consent is necessary to prosecute offenders for sexual battery in Cincinnati. Instead, the Ohio sexual battery statute sets forth thirteen situations where sexual contact is considered criminal. These categories do not require physical violence, injury, coercion, or force. Those charged with sexual battery in Cincinnati have been indicted for having sex when it was illegal to do so, such as when a teacher has sex with her minor student. Sexual battery may be charged as the primary offense in a Cincinnati sex crimes indictment or as a lesser-included offense of rape.

Experienced and Understanding Sexual Battery Defense Lawyers in Cincinnati 

At the Joslyn Law Firm, our top-rated Cincinnati sexual battery defense attorneys know how quickly stigmas attach to those accused of sex crimes in Ohio. “Innocent until proven guilty” need not apply, but our dedicated Cincinnati felony sexual offense defense team knows the story is seldom one-sided. We listen to our clients and endeavor to protect more than their criminal records. Your personal and professional life will suffer from a sexual battery accusation in Cincinnati, but Brian Joslyn and his sex crimes defense team may be able to help. Schedule your free, confidential Cincinnati sexual battery defense consultation with our experienced Cincinnati criminal defense lawyers immediately by contacting us online or calling 614-444-1900.

Cincinnati Information Center for Ohio Sexual Battery Charges (Ohio Code § 2907.03)

The Joslyn Law Firm’s Cincinnati Information Center for Ohio Sexual Battery Charges (Ohio Code § 2907.03) provides a comprehensive overview of Ohio sexual battery charges in Queen City. This information center addresses sexual battery charges levied under Ohio Code § 2907.03 directly. If you’ve been charged with rape under Ohio Code § 2907.02, consult Cincinnati’s Comprehensive Information Center for Ohio Rape Charges (Ohio Code § 2907.02).

  1. Defining the Crime of Sexual Battery in Cincinnati
  2. The Thirteen Categories of Conduct Criminalized as Sexual Battery in Ohio
  3. Common Evidence Sought in Cincinnati Sexual Battery Investigations
  4. Possible Direct Penalties of a Sexual Battery Conviction in Cincinnati
  5. Possible Indirect Penalties of a Cincinnati Sexual Battery Conviction
  6. The Consequences of Designation as an Ohio Sexual Offender
  7. How Cincinnati Sexual Battery Defense Lawyers Can Defend Against Your Charges  
  8. FAQs Answered by Cincinnati Sexual Battery Attorneys
  9. Cincinnati Sexual Assault Resources Presented by Sex Crimes Defense Attorneys

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1.Defining the Crime of Sexual Battery in Cincinnati

Sexual battery is criminalized by Ohio Code § 2907.03. Chapter 2907 of the Ohio Criminal Code governs sex offenses, and the offense of “sexual battery” is second only to rape in severity. Sexual battery is a felony-level offense that requires the parties - the defendant and victim - to have engaged in “sexual conduct” as defined by the Ohio Code. This means the parties engaged in vaginal, oral, or anal sex regardless of gender and how slight the penetration. Sexual contact alone, such as groping, is not sufficient to sustain sexual battery charges in Cincinnati but is punishable as sexual imposition.

Sexual battery is often a lesser-included offense of rape, and it criminalizes two general types of sexual conduct: (1) sex occurring when consent is in the “gray” zone, such as the victim was too drunk to have given informed consent, or (2) sex occurring between parties with a power disparity, i.e., between a minor student and teacher, prison warden and prisoner, or psychologist and patient. There are thirteen categories of sexual battery an offender can be charged with in Cincinnati, but they do not apply if the parties to the offense are married. This means a wife cannot be charged with sexual battery for engaging in sexual conduct with her intoxicated husband if they are legally married and are not separated or divorcing.  


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2.  The Thirteen Categories of Conduct Criminalized as Sexual Battery in Ohio 

Ohio enumerates thirteen categories of conduct/sets of facts that, if true, constitute sexual battery in Cincinnati. Those indicted for violating Ohio Code § 2907.03(A)(1), for example, are being charged with illegally coercing the victim to have sex. These subsections are not titled in Ohio’s sexual battery statute but are summarized as follows:

  1. Coercion Preventing Resistance: An offender may not engage in sexual conduct with another person in Cincinnati if he knowingly coerces the victim to submit by means that would prevent an ordinary person from resisting. For example, stating that if she doesn’t submit, she will be blackmailed at work. A jury typically determines whether an “ordinary person” would have felt compelled to submit to the sexual conduct under the facts presented at trial. 
  2. Substantial Impairment of Control: The offender engages in sexual conduct with another, knowing that the victim’s ability to control his/her conduct or understand the nature of the situation is “substantially impaired.” This typically means the victim is severely intoxicated, under the influence of mind-altering drugs, or is otherwise severely mentally impaired. 
  3. Victim Unaware/Unconscious: The victim is unaware of the sexual conduct, and the offender knows this. Examples include having sex with an unconscious victim, a victim in a vegetative state, or a victim who is so young, old, or impaired he/she is actually unaware of the conduct.
  4. Mistaken Identity (“Jacob/Leah”): The victim only submitted to the sexual conduct because he mistook the offender for his spouse, and the offender knew the victim believed her to be his spouse. This is rare but personified by the conduct of biblical Leah. It only extends to impersonating spouses, however, not unmarried individuals.
  5. Parental Relationship (In Loco Parentis): The offender is the victim’s parent (biological or adoptive), stepparent, legal guardian, custodian, foster parent, or someone in a parent-child type relationship with the victim (in loco parentis). Ohio defines in loco parentis as an adult caretaker of a minor with a presence in the minor’s home, including relatives, charged with the rights and responsibilities of a parent in the parent’s absence. Nannies, babysitters, aunts, uncles, and grandparents may qualify as in loco parentis for the purpose of § 2907.03.
  6. Victim is Committed/In Custody: The victim is in legal custody, such as in jail or a patient in a hospital, and the offender has supervisory or disciplinary authority over the victim. This is a strict liability crime. It does not matter if the victim actually consented to the conduct.
  7. Student/Teacher: The victim is a student, and the offender is a teacher, administrator, coach, or “employee” of the victim’s school. “Employees” must have some type of authority over the victim - for example, a custodian may not qualify, but a lunch monitor could. This is a strict liability crime. It does not matter if the victim consented, but the parties must be at the same school.
  8. Minor at College: The same as above, but the sexual conduct occurs when the victim is a minor student (under 18) attending the offender’s college workplace.
  9. Athletic Coach/Troop Leader: The victim is a minor (under 18), and the offender is the victim’s coach, instructor, and/or troop leader, or the offender is a person given temporary/occasional disciplinary control over the victim, like an assistant coach. This is a strict liability crime. It does not matter if the victim consented to the sexual conduct.
  10. Mental Health Professional/Patient: The offender (1) is a mental health professional, such as a psychologist, counselor, or social worker, (2) the victim is his/her client, and (3) the mental health professional coerces the victim into submitting to the sexual conduct by falsely representing sex is necessary to treat the victim’s mental health condition. Although this is rare in Cincinnati, when psychology was a developing field, some psychologists took advantage of patients by tricking them into believing their symptoms were due to sexual repression and needed to be “treated” with sex.
  11. Prisoner/Warden: The offender is an employee of a detention facility, and the victim is incarcerated. This is a strict liability crime. It does not matter if the victim consented, but the offender must have been “employed” by the facility.
  12. Cleric/Minor: The offender is a cleric, and the victim is a minor within the cleric’s congregation. “Clerics” include priests, rabbis, clergy, Christian Science practitioners, or an ordained/accredited/licensed minister of an established church, denomination, or religious sect. This is a strict liability crime. It does not matter if the victim consented. 
  13. Police Officer/Minor: The victim is a minor (under 18), and the offender is a “peace officer” more than two years older than the victim. “Peace officers” include police officers, sheriffs, marshals, university police officers, natural resource officers, fire investigations officers, certain transportation officers, and those vested with criminal investigative authority. This is a strict liability crime. It does not matter if the victim consented.  

Even if the victim consented and/or the parties were in a consensual sexual relationship, a defendant may still be guilty of felonious sexual battery in Cincinnati. If prosecutors allege the victim was coerced, impaired, intoxicated, or under the age of 13 at the time of the sexual conduct, the offender may also be charged with rape. The first three categories of sexual battery often act as a “catch-all” if Cincinnati sex crimes prosecutors cannot prove the elements necessary for a rape (§ 2907.02) conviction. Further, if the victim was 13, 14, or 15 at the time of the sexual conduct, the offender may be charged with statutory rape (unlawful sexual conduct with a minor) under § 2907.04. Many Chapter 2907 sex crimes overlap, and it’s essential to work with an experienced Cincinnati felony sex crimes defense attorney to present a comprehensive defense to all potential sex offense charges in Ohio.


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3.  Common Evidence Sought in Cincinnati Sexual Battery Investigations 

Conflicting “he said/she said” testimony is typically not sufficient to sustain sexual battery charges in Cincinnati. Prosecutors must introduce evidence that both corroborates a victim’s testimony and establishes each element of the subcategory of sexual battery charged. Certain categories of sexual battery are strict liability offenses. This means prosecutors only have to prove the facts existed, like you were a teacher, he was your minor student, and you had sex, to convict you of a felony sex offense. Other categories of sexual battery require prosecutors to show an offender had criminal mens rea, which is a specific mental state, when the crime was committed. Prosecutors may also need to introduce evidence of the victim’s level of impairment and/or mental state at the time of the sexual conduct.  

The subcategory of sexual battery charged controls the evidence necessary to bring sexual battery charges in Cincinnati. However, Cincinnati sex crimes investigators will typically look for the following evidence during Cincinnati sexual battery investigations:

  • Rape Kit” (Sexual Assault Forensic Examination) Results – These kits typically include any foreign DNA evidence, like sperm, found on the victim, foreign pubic hairs, and the victim’s clothing from the date of the offense
  • Blood/Cell Tests – The victim’s blood is normally drawn, and vaginal swabs taken to test for alcohol/drugs, pregnancy, and STDs.
  • Witness Testimony – The testimony of other witnesses, including classmates, friends, and family members, can be used to corroborate the parties’ testimonies as to the place, time, and nature of the sexual conduct or lack thereof.
  • Social Media Evidence – Photos, posts, and private messages can be obtained and used against you during sexual battery investigators. They may be used to prove your relationship and acquaintance with the victim, as well as put you at the scene of the offense.
  • Party Testimony – While defendants cannot be forced to testify against themselves, it doesn’t mean police can’t ask. Some of the most condemning evidence in sexual battery cases comes from the offender’s unnecessary testimony.
  • Photo and Video Evidence – Cincinnati sex crimes investigators may pull security footage or evidence from the parties’ phones to corroborate witness testimony. 

Cincinnati police officers are legally permitted to trick suspects in an attempt to obtain evidence. For example, they may knock on your door and ask if you witnessed a theft at the club on the night of the alleged sexual battery when they’re really looking to trick you into admitting you were at the scene of the crime. Do not speak to sex crimes investigators without consulting a top-rated sexual battery defense lawyer in Cincinnati.


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4.  Possible Direct Penalties of a Sexual Battery Conviction in Cincinnati

Sexual battery is always a felony in Ohio, and convicted offenders are generally guilty of a felony in the third degree. Third-degree felonies are punishable with one to five years imprisonment and/or a fine of up to $10,000

If the victim was under 13, a Cincinnati sexual battery conviction is a felony in the second degree punishable with a mandatory minimum prison term of two years and a maximum between 8 and 12 years. However, sexual conduct with a child under the age of 13 is also rape in Ohio. Rape is a first-degree felony potentially punishable with life imprisonment. Those convicted of having sexual contact with a minor under 13 via the sexual battery statute, and not the rape statute, likely took a plea deal with Hamilton County prosecutors or an experienced Cincinnati sex crimes defense attorney mitigated the elements of rape to reduce any verdict to the lesser-included offense of sexual battery.

Even offenders found guilty of sexual battery in Cincinnati can still introduce evidence to mitigate the severity of the offense and convince the judge to sentence them at the lower end of the sentencing range. An experienced sexual battery defense lawyer will vigorously prepare both a defense to sex crimes charges and a strong case for any necessary sentencing hearing. Following a sentencing hearing, a Cincinnati judge will issue a sentencing order setting forth the length of a sexual battery prison sentence, typically in months, and the fine. Further, Cincinnati judges may (and often must) include the following provisions in a sexual battery sentencing order: 

  • Mandatory restitution (compensation) to the victim for any costs incurred as a result of the sexual battery including medical bills, continuing psychological expenses, and lost wages
  • Mandatory post-release control (probation) following completion of the prison term
  • Designation as an Ohio Sex Offender
  • Drug, alcohol, counseling, or any recommended rehabilitation programs
  • Payment of all investigation and court costs 

The only way to avoid the serious direct penalties of a felonious sexual battery conviction in Cincinnati is to avoid a guilty verdict with the help of a top-rated Hamilton County sex crimes defense team.


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5.  Possible Indirect Penalties of a Cincinnati Sexual Battery Conviction 

Cincinnati courts seldom, if ever, address the serious collateral consequences of a felony sexual battery conviction under Ohio Code § 2907.03. These unexpected consequences often have the greatest impact on sexual offenders and their families post-release. Whether you’re found guilty by a jury or plead guilty to sexual battery charges in Cincinnati, you are subject to the same serious indirect consequences of a felony sex offense conviction. These may include: 

  • Temporary loss of the right to vote
  • Loss of all firearms rights for violent felons
  • Difficulty obtaining a mortgage, loan, or financing
  • Inability to travel outside the state or country
  • Ineligibility for public jobs
  • Inability to work for most major companies
  • Inability to obtain certain recreational licenses
  • Loss of certain public benefits
  • Difficulty getting into college

In addition to these consequences of a felony-level conviction in Cincinnati, a sexual battery conviction carries serious additional limitations after the imposition of a “sexual offender” status and registration on the Ohio Sexual Offender’s Registry.


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6.  The Consequences of Designation as an Ohio Sexual Offender

Sexual battery is one of the most serious sex crimes in Ohio. Hamilton County judges are required to designate those found guilty of sexual battery in Cincinnati as Tier III sexual offenders. This is the strictest designation on the Ohio (and national) sexual offender registry. It requires offenders to remain on the sexual offender registry for life and check in with local law enforcement authorities every few months. The following information will appear on the sex offender registry either to the public or law enforcement:

  • Legal name and/or aliases
  • Photo
  • Home address
  • Work address
  • Conviction type and/or criminal designation
  • Vehicle information
  • Screen names
  • Phone numbers
  • Email address
  • Any internet handles, websites, or alternative web designations

For Tier III offenders, this information must be updated as it changes and verified every few months for life. Failure to register a domain or screen name, even a public gaming I.D., may result in additional charges or re-incarceration. In addition to public appearance on the registry, numerous laws regulate where registered sex offenders can live, work, and frequent. These unanticipated consequences of designation include:

  • Ineligibility for certain public programs, housing, and benefits
  • Inability use certain Cincinnati public facilities such as parks and pools if children are present
  • Loss of ability to foster/adopt children
  • Loss of child custody
  • Severe residency restrictions, like the inability to live within a certain range of a school zone
  • Prohibition from school property and attending off-premises school events
  • Prohibition from certain university and college campuses
  • Ineligibility to obtain or loss of certain professional licenses such as a teaching, law, or nursing license
  • Inability to work or volunteer with children or work as a police officer or other public servant
  • Notification to all neighbors within a certain radius of your sex offender status
  • Loss of most corporate and professional level jobs

A sexual battery conviction under Ohio Code § 2907.03 is a life-changing event. There is no avenue to petition for removal from the sexual offender registry as a Tier III offender unless your sentence is overturned or you’re judicially pardoned. The only way to avoid the life-altering consequences of a Cincinnati sexual battery conviction is to avoid conviction with the help of an experienced Hamilton County sexual battery defense attorney at the Joslyn Law Firm.


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7.  How Cincinnati Sexual Battery Defense Lawyers Can Defend Against Your Charges 

There are multiple defenses to sexual battery charges in Cincinnati. From constitutional challenges to affirmative statutory defenses, the subcategory under which you’ve been charged generally dictates the defensive strategy. Some defenses to sexual battery charges in Cincinnati, such as marriage or constitutional challenges, apply to all categories of the offense while others are based on the elements of the subcategory. Some of the most common defenses raised in Cincinnati sexual battery cases include:

  • Defeating the Mens Rea: Intoxication is generally no excuse for criminal conduct in Cincinnati, but for certain categories of sexual battery, the offender must “know” that the victim did not have the capacity to consent. If the offender had certain mental incapacities, both parties were severely intoxicated, or the facts indicate a reasonable person would have believed the victim consented, this may defeat sexual battery charges.
  • Consent: This is not a defense to sexual battery if the victim was under the age of 18 or substantially impaired. However, actual consent to the sexual contact can be a defense to certain sex crimes.
  • Marriage: This is a complete defense to all categories of sexual battery in Cincinnati. The parties must have been legally married under Ohio or another state’s marriage laws at the time of the offense. Void marriages, such as marriage to someone under 16, do not protect offenders from sexual battery charges. Further, the parties are not considered “spouses” under Chapter 2907 if they are separated or filed a petition for divorce, annulment, or legal separation before the alleged sexual battery.
  • Fourth Amendment Challenges: Because sexual battery requires sexual conduct, Cincinnati prosecutors generally need DNA or other biological evidence to support a conviction. This is usually obtained from a rape kit, but DNA must be obtained and processed in scientifically acceptable ways pursuant to a warrant. If police officers failed to obtain a warrant for the defendant’s DNA or otherwise violated Ohio evidentiary laws, the evidence must be excluded from consideration during trial. Excluding a key piece of illegally obtained evidence may result in dismissal of sexual battery charges in Cincinnati.
  • Statute of Limitations: It’s difficult to prove sexual battery charges without reliable DNA evidence, which must generally be obtained within three days of the sexual conduct. However, prosecutors have 20 years to bring sexual battery charges after the sexual contact or after the victim turned 18. This limitation can be extended if a later acquired DNA match is found. Charges brought after this time period may be subject to dismissal under the statute of limitations. 

If no affirmative, constitutional, or evidentiary defenses are available, our experienced Cincinnati sexual battery defense lawyers will focus on defeating the specific elements of the charged subsection. All ambiguities in the Ohio sexual battery statute must be construed in the defendant’s favor, and the evidence must match the wording of the statute. For example, prosecutors must prove that sexual contact occurred between an employee “with authority” at the victim’s school, not just an employee. The power disparity between the parties forms the basis of the illegality. Taking away that disparity may work to defeat sexual battery charges in Cincinnati.


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8.  FAQs Answered by Cincinnati Sexual Battery Attorneys

Below are brief answers to the most common questions our Ohio sex crimes defense attorneys receive about Cincinnati sexual battery charges.  

  • How does Ohio Define Sexual Battery?

Sexual battery is criminalized by Ohio Code § 2907.03; however, the statute actually sets forth thirteen separate categories of illegal sexual conduct (sex). Sexual battery is generally charged (1) when the parties aren’t married, (2) engaged in qualifying sexual intercourse, and (3) the victim was unable to give either legal or actual consent due to being a minor, mentally incapacitated, or coerced. Many categories of sexual battery are “strict liability.” This means it doesn’t matter if the victim physically or verbally consented to the conduct. The law presumes he/she was too young, old, or otherwise incapacitated to give true informed consent, and you may be charged with sexual battery regardless of mutuality.

  • How is Sexual Battery Different from Rape & Statutory Rape?

The Ohio sexual battery, rape, and statutory rape (unlawful sexual conduct with a minor) statutes overlap. Sexual battery is often a lesser-included offense of rape in Cincinnati, and statutory rape is often a lesser-included offense of sexual battery. This means if Hamilton County prosecutors fail to prove the elements of rape, a jury can still convict the defendant of felonious sexual battery, and if they fail to prove sexual battery charges, they may still convict an adult defendant of unlawful sexual conduct with a minor.

Rape requires a different “criminal mind” than sexual battery. Those accused of rape typically had sex with a child or took action with the intent to incapacitate or force the victim to submit to the sexual conduct. Rape defendants must often know the victim does not or cannot consent to the sexual conduct. Sexual battery criminalizes the same forceful sexual conduct but can also be charged if the parties consented to the action. For example, one category of rape requires Cincinnati sex crimes prosecutors to show the offender drugged the victim to incapacitate her for the purpose of engaging in sexual conduct.

Sexual battery, on the other hand, only requires the offender to have engaged in sexual conduct with a substantially impaired victim. Sexual battery is often a strict liability offense premised on the identity and age of the parties, whereas rape requires a deeper factual analysis of the defendant’s purpose, actions, and motivation. Unlawful sexual conduct with a minor (statutory rape) is always a strict liability offense if the victim was age 13, 14, or 15, and the offender was over 18. The difference between statutory rape charges and sexual battery charges is that statutory rape defendants generally don’t hold some “power” or legal authority over the victim that may have played a roll in the victim’s decision to engage in sexual conduct.

  • Is Sexual Battery always a Felony in Ohio?

Yes, sexual battery is always a felony, and you will be considered a felonious sexual offender if convicted of sexual battery in Cincinnati. Sexual battery is a felony in the third degree unless the victim was under the age of 13. In such cases, it is a felony in the second degree and considered rape. Sexual battery may be punished with 2 to 5 years of imprisonment and up to 12 years imprisonment if the victim was under 13. An experienced sex crimes defense lawyer will attempt to mitigate the circumstances surrounding a sexual battery offense to support a plea deal for a lesser-included misdemeanor sex offense.

  • Does the “Romeo and Juliet” Concession Apply in Cincinnati Sexual Battery Cases?

The “Romeo and Juliet” exception applies in statutory rape cases to mitigate the severity of a sex offense when the victim and offender have less than a four-year age difference. This exception only applies to one category of sexual battery in Ohio. If the defendant is a “peace officer” and he or she is less than two years older than the alleged victim, and the victim is over the age of 13, consensual sexual conduct is not considered sexual battery in Ohio. The age of the offender and age difference between the parties is not at issue for any other category of sexual battery in Cincinnati.

  • Will I Go to Prison for Sexual Battery?

Yes, most likely. If the victim was under the age of 13, those convicted of sexual battery must go to jail for at least two years. Hamilton County judges do not have discretion to waive or suspend this mandatory minimum sentence for sexual battery. For all other sexual battery convictions, there is no mandatory minimum prison sentence, but offenders will almost certainly serve jail time.

  • Do I Have to Join the Sex Offender Registry if I’m Convicted of Sexual Battery?

Yes. Next to rape, sexual battery is the most serious sex offense in Ohio. Those convicted of sexual battery under Ohio Code Section 2907.03, whether by pleading guilty or via a jury verdict, are designated Tier III sex offenders in Ohio. Tier III offenders must register with the Ohio Sex Offender Registry and will be subject to registration for life. You must provide law enforcement with the following information, most of which is publicly available:

  • Legal name and/or aliases
  • Photo
  • Home address
  • Work address
  • Conviction type and/or criminal designation
  • Vehicle information
  • Screen names
  • Phone numbers
  • Email address
  • Any internet handles or alternative web designations

Anyone listed on the Ohio sex offender registry is subject to strict residency, work, and travel restrictions. There is no exception to this registration, and you will be required to update your information with the local sheriff’s department every few months. The only way to avoid a sexual offender designation and registration is to avoid conviction.

  • What are the Most Successful Defenses to Sexual Battery Charges in Cincinnati?

 

Only an experienced Ohio felony sex crimes defense attorney can analyze your case to determine the best available defense to Cincinnati sexual battery charges. However, top-rated sexual battery defenses lawyers often raise the following defenses to sexual battery charges in Hamilton County:

  • Marriage
  • Lack of DNA evidence
  • Actual consent
  • Illegal seizure of evidence under the 4th Amendment
  • Expiration of the statute of limitation
  • Lack of corroborating evidence
  • Lack of sexual conduct, such as the parties did not actually have sex

Attorneys can raise these defenses before, during, and after trial. A strong defense may convince Cincinnati prosecutors to drop sexual battery charges and offer a beneficial plea deal before trial, result in acquittal during trial, or be used to mitigate the overall punishment during sentencing. 

  • What Should I Do If I’m Charged with Sexual Battery in Cincinnati?

Do not speak to the police, consent to a warrantless seizure of your DNA, contact the victim, or discuss the case with potential witnesses. Instead:

  • Immediately contact an experienced Cincinnati criminal defense lawyer at the Joslyn Law Firm at 614-444-1900
  • Stay off of social media – deactivate or make all public profiles private
  • Invoke your Fifth Amendment right to silence
  • Invoke your Fifth and Sixth Amendment right to an attorney

Be respectful but vigilant in asserting your constitutional rights. Speaking with the police is never beneficial for sex crimes defendants in Cincinnati.


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9.  Cincinnati Sexual Assault Resources Presented by Sex Crimes Defense Attorneys

Ohio law requires every emergency hospital to have a doctor, nurse, or physician’s assistant on call 24/7 to provide sexual assault examinations. They must inform any reported sexual battery victim about the medical and psychiatric services available to them and work closely with Cincinnati sexual assault investigators to protect the health and wellbeing of sexual assault victims in Ohio. Additional resources for victims of sexual battery in Hamilton County, including advocacy, mental health, medical, and financial resources, include: 

Those facing Cincinnati sexual battery charges should contact the Joslyn Law Firm for a free sexual battery defense consultation online or by calling 614-444-1900. Utilizing public or private resources is not recommended if you’re subject to sexual battery charges as confidentiality laws bind only qualified Ohio defense lawyers. 


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Don’t Wait to Speak with Our Cincinnati Sexual Battery Defense Lawyers

The dedicated Cincinnati sexual battery criminal defense attorneys at the Joslyn Law Firm will zealously and professionally protect the rights of those accused of sexual battery in Ohio. Contact our Hamilton County office online or by calling 614-444-1900 immediately for your free, confidential sexual battery defense consultation.

 


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