Sexual battery cases are complex and emotional, and they have serious legal consequences for those who are convicted of these charges. If you are facing sexual battery charges or are worried about what could lead to those charges, then you should know how Ohio’s laws define it.
How Does Ohio Define Sexual Battery?
The sexual battery definition in Ohio lists a variety of circumstances that could potentially lead to a sexual battery charge. Sexual battery charges apply if a person engages in sexual conduct with another and knows that person is impaired and therefore unable to consent to these actions.
Sexual battery can also happen when the victim submitted to the acts because they weren’t aware of what was happening, or if they were fearful of resisting. This is merely a short list of the actions that would result in a sexual battery charge. Often, it is teachers, ministers, parents, and others in positions of authority or trust who cause sexual violations to another person.
Adults that engage in sexual acts with children will be charged with sexual battery offenses. The main question that must be answered in the case is whether the victim was sexually violated by someone other than their spouse, and if so, the charges could apply.
It is important to understand that while sexual battery may seem similar to rape, it is a different charge. Sexual battery can take place in many different scenarios that involve a person engaging in sexual conduct with someone illegally. Rape involves having non-consensual sex with someone by using physical force, coercion, intimidation or threats.
How Serious Are Sexual Battery Charges In Ohio?
Sexual battery charges are extremely serious and it is imperative that you speak with a defense attorney immediately. The charge is a third-degree felony unless the alleged victim is under the age of 13, which upgrades the felony charges to second-degree. If you are convicted, you will be ordered to serve a mandatory prison sentence.
If you are convicted of sexual battery, there are serious penalties that will follow. You will be imprisoned for 9 to 60 months and be required to pay fines up to $10,000 if you are charged with sexual battery as a third-degree felony. If the charges are upgraded to a second-degree felony, you will face prison time of 2 to 8 years and fines up to $15,000.
These are the penalties imposed by the state, though the consequences of a conviction of the charges can affect you for a lifetime.
Registering As A Sex Offender In Ohio
Anyone who is convicted of sexual battery in the state of Ohio must register as a sex offender for life. This means that you must register and verify the requirements every 90 days for the rest of your life.
You will likely be given a notice form to register before you are released from prison. Non-compliance with the registration or verification requirements will result in additional criminal consequences. When you are a registered sex offender, you will be barred from certain professions and will face many challenges after serving your sentence. You may be unable to find a landlord willing to rent to you or an employer who is willing to hire you.
What To Do If You Are Facing Sexual Battery Charges In Ohio
Speak to a criminal defense lawyer as soon as possible to help you build a strong defense. They could show your lack of a previous criminal record and evidence of false allegations to help protect your future and your freedom.
