What is the crime of Rape in Ohio? A Columbus attorney speaks from experience./ January 22, 2014
Lawyers from our Columbus law firm have defended many men accused of the crime of Rape throughout Ohio.
The Ohio Revised Code outlines the four situations in which a person can be found guilty of rape:
(1) The suspect uses force or threat of force to compel the other to have sex (See Ohio Revised Code Section 2907.02(B));
(2) The suspect has sex with another and secretly uses a drug or intoxicant to prevent the other from resisting (See Ohio Revised Code Section 2907.02(A)(1)(a));
(3) The offender has sex with another whose ability to consent or resist is substantially impaired due to a mental or physical condition (See Ohio Revised Code Section 2907.02(A)(1)(c)); or
(4) The offender has sex with a person who is less than 13 years of age (See Ohio Revised Code Section 2907.02(A)(1)(b)).
When discussing the crime of rape in Ohio, I talk about a person who has “sex” with another. By “sex,” I am referring to the legal term, “Sexual Conduct.” In Ohio, “Sexual Conduct” is defined to include not only vaginal intercourse between a man and woman, but also anal and oral sex between persons regardless of their sex.
We here at our law firm have successfully represented persons accused of rape in three frequently occurring situations.
The first type comes when a woman (usually a current or past girlfriend), or friend of a current girlfriend, alleges that the client forced her to have unwanted sex.
For example, one case of this type involved the friend of a client’s girlfriend. This friend claimed that the client forced her to have sex with him. The police were called. Law enforcement then contacted our client and asked to speak to him about the Rape allegations, seeking our client’s side of the story. The client denied the allegations, stated that the sex was both consensual and recurring on a regular basis for some time.
Another case dealing with this first type of rape charge concerned a client who was playing sex games with a young lady friend. In the midst of these “games,” she apparently changed her mind. Our client claimed that, based on his past experience with her, he reasonably believed the change of mind was simply part of the game. That case was resolved with a plea to a non-sex misdemeanor offense.
A second type of rape charge that we regularly see involves an allegation that the accused had sex with a person who was under the age of 13. We see this frequently, especially with men living with a woman who has a young daughter from another relationship. Very often there is a tumultuous family relationship, which can provide the psychological framework for a false allegation.
The third type of rape charge involves an allegation that the offender used drugs to prevent the accuser from resisting. The accuser in this type of situation alleges that a man mixed excessive amounts of liquor in a drink or other substance. Usually meeting at a bar or party, she claims that the purpose for mixing drinks was intoxication, and ultimately an inability to resist sexual activity.
If you, a friend, or relative are being investigated for, or have been charged with any sex offense in Columbus or elsewhere in Ohio, please call one of our experienced criminal defense attorneys for a free initial consultation.Related Posts