Sexual Imposition Defenses in Cincinnati

In Cincinnati and throughout Ohio, prosecutors, judges, and juries take sexual imposition cases very seriously. Collateral consequences accompany such a conviction and may include isolation from the community, possible inability to obtain employment, and loss of professional licenses, among others.

That is why you should consider hiring a law firm recognized with national and state awards for defending the rights of those charged with sex offenses. Just because you have been arrested for or charged with sexual imposition does not mean you will be convicted. Joslyn Law Firm has handled more than 20,000 criminal cases, and we know the sexual imposition defenses in Cincinnati needed to dismiss or reduce your charges. 

Our Award-Winning Firm Will Construct a Defense Built on Fact

Columbus CEO Magazine has acknowledged our successes by awarding us the designation of Top Lawyer. The National Academy of Criminal Defense Attorneys also nominated us as one of the 10 Best Criminal Defense Firms in Ohio. When you hire us to defend you against a sexual imposition charge, you know we will dedicate ourselves to pursuing the best outcome for your case.

We know the many defenses available to Ohio sexual imposition charges and will raise any constitutional, affirmative, procedural, and evidentiary defenses applicable to your case.

Regardless of your background or the accusations against you, Joslyn Law Firm will fight aggressively on your behalf. In our eyes, you are innocent until proven guilty. We will give you the highest level of attention, investigating and learning the facts of the prosecution’s case, looking for the weak spots, and listening to hear your side of the matter so we can craft a strategy that defends your rights in court.

Call Joslyn Law Firm today for a free case review at (513) 399-6289.


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Sexual Imposition Defenses in Cincinnati Information Center


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Marriage

Ohio sex offense laws stipulate that marriage constitutes a complete defense to sexual imposition charges. However, according to sex offense definitions outlined in Ohio Revised Code § 2907.01, a marriage is only considered a valid defense if both individuals were legally married (and over the age of 17—with court recognition—or 18) when the alleged offense occurred.

Furthermore, Ohio doesn’t consider a person a spouse if the following were true at the time of the alleged crime:

  • A written separation agreement was in place
  • An annulment, legal separation, or dissolution of marriage was pending
  • The parties were legally separated

When the alleged sexual imposition in your case occurred in a manner that meets the state’s requirements for marriage, marriage will work as a defense, and you cannot be found guilty of this charge. 


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Lack of Knowledge / Involuntary Movement

Ohio sexual imposition laws account for the fact that sometimes a person might accidentally—even unknowingly—come into “sexual contact” with another individual. A crowded elevator or street offers prime examples of situations in which one might unwittingly touch another person’s buttock, breast, or another erogenous zone.

Because a sexual imposition charge requires that the prosecution prove intent on the alleged offender’s part, an accidental brushing up on another person cannot convict an individual of sexual imposition.

In most cases, the state’s sexual imposition law also requires that the prosecution prove the alleged offender knew that the alleged victim would find the sexual contact offensive. Alternatively, prosecutors must prove that the alleged offender knew that the victim could not consent to the contact.

If prosecutors cannot prove intent and knowledge—and a defense attorney from our firm can work to weaken their ability to establish this proof—they will fail to meet the elements of a sexual imposition charge.


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Lack of Corroborating Evidence

By law, Ohio courts cannot convict an individual of sexual imposition based solely on testimony from the alleged victim. The prosecution must bring other admissible evidence that corroborates the victim’s accusation and version of events. Common types of evidence include:

  • DNA
  • Bruising or other evidence of contact
  • Photos or videos
  • Testimony from other witnesses

 Your defense counsel at Joslyn Law Firm can work to discredit witnesses. They can also work to suppress unlawfully obtained evidence in a strategy to strip the prosecution of substantial evidence to make a conviction.


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Contact Was Non-Sexual

Ohio law draws a definite line separating unwanted touching that merits civil action, touching that constitutes criminal action as a battery charge, and touching that demands criminal action as sexual imposition.

 The prosecution must prove that the unwanted contact consisted of sexual contact, as defined in Ohio Revised Code § 2907. By the state’s definition, sexual contact involves touching any of another individual’s erogenous zones. Examples of these zones include the: 

  • Pubic region
  • Buttocks
  • Genitals
  • Thighs

In females, these areas can also include the breast. The contact must be to sexually gratify or arouse either individual involved. 

It falls on the prosecution’s shoulders to prove that the contact at issue meets all the elements detailed in Ohio’s sexual imposition law. Failure to do so can result in a dismissal or reduction of charges.


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Resources for Defenses to Sexual Imposition Charges in Ohio

Ohio Revised Code § 2907.06

Read this statute to get a full understanding of how Ohio defines sexual imposition, charges the offense, and penalizes offenders. The Revised Code’s sex offenses section can prove useful in presenting definitions of terms commonly used throughout the state’s sexual imposition law.

This section also explains how previous convictions of other Ohio crimes can affect charges and penalties, and it cross-links to pages within the Ohio Revised Code that further describe those offenses.

State of Ohio v. Robert E. Robertson

This case, argued before the Supreme Court of Ohio, presented the issue of whether Ohio Revised Code § 2907.01(B)’s definition of sexual contact—touching of an erogenous zone of another person—also includes touching without actual contact because the touching happens over one’s clothing. 

Robert E. Robertson filed a motion to dismiss charges because the sexual contact occurred over the clothing. The Supreme Court of Ohio denied Robertson’s motion and affirmed the trial court’s judgment that sexual touching could be over the clothing.

Hamilton County Prosecuting Attorney’s Office Sexual Offender Unit

Joseph T. Deters is the prosecuting attorney for Hamilton County. This website offers useful information specific to the office’s Sexual Offender Unit, consisting of a full-time investigator and prosecuting attorney. The Sheriff’s Department refers criminal prosecutions to this unit for review. The team also collaborates with state, local, and federal law enforcement agencies to keep tabs on registered offenders.

Ohio Attorney General Victim Services Directory

Ohio Attorney General Dave Yost’s Victim Services Directory provides a wealth of resources for survivors of crimes throughout the state. The directory is searchable and provides addresses, contact information, maps, and links to each resource website.

Women Helping Women

Located in the Common Law Center Building in Cincinnati, this organization offers multiple services for women who have survived violence in Hamilton, Brown, Butler, and Adams Counties.

First and foremost, Women Helping Women provides a 24/7 hotline at 513-381-5610. The organization also provides training and prevention programs. For survivors, the group offers hospital accompaniment, crisis intervention sessions, and support groups. Using the HopeLine Program, survivors can obtain refurbished cell phones to help them rebuild their lives.


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Sexual Imposition Defenses News in Ohio

February 19, 2021

Courts Utilizing Teleconference Software for Hearings

Marietta Times reported that Washington County Common Pleas Court used teleconferencing software for the bond and arraignment hearing of Christopher Tatalovich. The 38-year-old man faces seven third-degree felony counts of gross sexual imposition and two first-degree felony counts of rape.

The victim in the gross sexual imposition charges and one of the rape charges was less than 13 years old when the defendant allegedly engaged in unwanted sexual contact. Washington County Prosecutor Nicole Coil told the Marietta Times that the victim endured the alleged sexual abuse for approximately 10 years. 

The court set the defendant’s bond at $100,000, plus a personal recognizance bond. The judge also issued no-contact orders and new temporary protection. He faces up to 16.5 years in prison, as well as a fine of up to $20,000.

December 8, 2020

Appeals Court Denies Sex Offender's Request to Stay Sentence

As reported in the Star Beacon of Ashtabula, Ohio, an appeals court denied a former council member’s motion for a stay of sentence. Phil Garcia, who also served as a high school sports official and caterer, pled guilty to seven counts of sexual imposition and four counts of compelling prostitution.

A few days before sentencing, the defendant filed a motion to withdraw his guilty plea based on undiagnosed depression and anxiety. The court denied the motion and sentenced Garcia. He then filed an appeal and requested to stay his sentence, based on his certainty that his appeal would succeed. The court denied the motion for a stay of sentence, which will end in 2038.

November 25, 2020

Perrysburg Man Sentenced for Sexual Offense

A 50-year-old man from Perrysburg was indicted for two counts of gross sexual imposition and rape, according to the Sentinel-Tribune. The man, Robert J. Ford, accepted a deal wherein he pled guilty to the gross sexual imposition charges, and the prosecution would reduce the rape charge to gross sexual imposition. 

The victim, five years of age, was a family member. According to his attorney, the defendant passed a polygraph, received 20 letters of support, and showed no previous problems with the law. Despite all this, Ford was sentenced to 36 consecutive months in prison. He must also register as a sex offender every 180 days for 25 years. The victim’s age and her role as a family member elevated the seriousness of the offense.

October 23, 2020

Plea Deal on Hold in Auglaize Rape Case

Blayne Brock—who was indicted in September on seven counts of rape, 12 counts of gross sexual imposition, one count of sexual battery, and one count of attempted sexual imposition—was set to accept the prosecution’s plea deal. The deal would involve Brock pleading guilty to amended counts of rape, which would not indicate that the victims were under the age of 13 at the time of the incidents.

Without the deal, the defendant would have faced the chance of life in prison on just the rape counts. With the deal, the state would recommend a prison sentence of 27 years. His first chance of release would be in 23 years. Brock’s lawyer requested early release after 15 years and asked for a continuance to discuss the release issue with his client.


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About Sexual Imposition Defenses in Cincinnati

Q. What are some defenses to sexual imposition?

  1. Common defenses to sexual imposition include the following:
  • Marriage
  • Lack of corroborating evidence
  • Contact was non-sexual
  • Lack of knowledge/involuntary movement

A sexual imposition defense attorney from our firm can raise any of multiple evidentiary, affirmative, constitutional, and procedural defenses that apply to their client’s case. 

Q. Is marriage a defense against sexual imposition allegations in Ohio?

  1. Yes, marriage constitutes a complete defense against sexual imposition charges in Ohio. The defense holds only if the parties involved were legally married at the time of the alleged sexual contact. The defense does not apply if the parties were legally separated or seeking an annulment or divorce.

Q. How can I prove that contact was non-sexual if I am charged with sexual imposition?

  1. The law considers that a person might accidentally touch another individual without intending to make sexual contact or reach sexual arousal or gratification. The burden of proof lies with the prosecution to prove that the contact was, in fact, sexual—not the other way around. Furthermore, Ohio law prohibits convicting a person of sexual imposition solely based on the victim’s testimony.

If the prosecution does not provide substantial corroborating evidence to support the victim’s claim, their case cannot hold merit, and charges will likely be dismissed.

Q. Can I claim lack of knowledge as a defense against sexual imposition charges in Cincinnati?

  1. Yes, lack of knowledge is a defense against sexual imposition in Cincinnati. For a sexual imposition charge to stick, the prosecution must prove knowledge. On the other hand, your lawyer can argue that you did not know you were touching the alleged victim sexually, they would find the sexual contact offensive, or the alleged victim was incapable of expressing a lack of consent.

Again, it is up to the prosecution to establish knowledge and intent as essential elements of the offense.

Q. Where can I find more information about sexual imposition defenses in Cincinnati?

  1. You can learn about Ohio’s sexual imposition law by reviewing the Ohio Revised Code § 2907.06, which explains how the state defines, charges, and penalizes this offense. The online text for this law also links to other Ohio offenses that play a role in how you might be charged for sexual imposition. Finally, Ohio Revised Code § 2907.01 provides definitions for all the terms you might encounter when researching Ohio’s laws regarding sex offenses.

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Lawyer for Defenses to Sexual Imposition in Cincinnati

Joslyn Law Firm’s team has the experience, knowledge, and passion to defend you against a sexual imposition charge. We will fight to protect your rights and work to construct a sound defense on your behalf.

We can help if you are being investigated for, have been arrested for, or are being charged with sexual imposition. Call our firm today for a free, confidential consultation at (513) 399-6289.


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