In Ohio, sexual battery is defined as using coercion or a position of authority to engage in sexual contact with the victim. Penalties for sexual battery are extremely stringent and include prison time, registering as a sex offender, and hefty fines. Charges can also have a devastating impact on the accused’s reputation and employment status.
Our Toledo sexual battery lawyers at Patituce & Associates vigorously fight to shield our clients from these outcomes. If sexual battery charges have been brought against you, it is critical that you enlist a skilled criminal defense lawyer right away.
We at Patituce & Associates have successfully defended clients against sex crime charges for years now, and have acquired the requisite expertise to help with your situation. We will use all of our experience, skills, and resources to fight for your rights.
Reach out to Patituce & Associates in Toledo, OH at 419-737-4556 to book a free consultation and case review.
What Is Sexual Battery Under Ohio Law?
Ohio Rev. Code § 2907.03 clearly stipulates the definition of sexual battery. For a sexual battery charge to stick in Ohio, the alleged perpetrator must have used coercion or authority to ask for a sexual favor, and meet one or more of these elements:
- Use of coercion to stop physical resistance to sexual conduct
- Intentionally having sexual relations with somebody who has impaired awareness or control of their mental faculties
- Steering somebody to engage in sexual acts when the supposed victim is unaware
- Sexual conduct under the façade of being the spouse of the supposed victim
- Sexual relations with an adoptive or natural child, stepchild, or underage person to whom the accused is a guardian or custodian
- Sexual relations with somebody in the medical or legal custody of the accused
- Sexual conduct with a student at a public school where the accused is employed as an authority figure
- Sexual relations with a minor at a center of higher learning where the accused is employed as an authority figure
- Sexual conduct with a minor where the accused is a scout leader, instructor, coach, or holds a position of any disciplinary control
- Sexual relations with a patient as a mental health profession under the claim that sex is integral to treatment
- Sexual relations with an individual at a detention center where the accused is employed
- Sexual conduct with a minor in a religious center where the accused is a cleric
- Sexual relations with a minor two years younger, where the accused is a police officer
What Are the Penalties for Sexual Battery in Ohio?
Sexual battery in Ohio is classified as a third-degree felony punishable by 9 months to 3 years in prison and a fine of up to $10,000. If you’re convicted of sexual battery, you must register as a sex offender every 90 days for life.
If the supposed victim is below 13 years old, the charge is a second-degree felony with a mandatory minimum prison sentence of two years, although you could serve up to 8 years. You can also be fined up to $15,000.
If a defendant has prior convictions, the sentence for second-degree felony sexual battery goes up to 12 to 18 years in prison.
What Are Some Defenses for Sexual Battery?
A sexual battery charge brought against you is a very serious accusation that you should definitely fight. We are skilled criminal defense attorneys in Toledo, OH, and our experience goes a long way in these kinds of cases.
Defenses against a sexual battery charge can include:
- The prosecution doesn’t have enough evidence
- Challenging the reliability of witnesses
- Presenting evidence that the allegations are false
How Can Patituce & Associates Help in a Sexual Battery Case?
As Toledo sexual battery attorneys and also former prosecutors, we will scrutinize the charges brought against you and identify the holes and weaknesses we can attack.
We will always fight for the most favorable outcome possible in your case. This may mean getting the charges dismissed before a court battle due to a lack of evidence. At times, a win may be a not-guilty verdict.
Other times, we may negotiate a plea deal with the prosecution that reduces the changes from sexual battery to a lesser charge that doesn’t require sex-offender registration.
Call Our Toledo Sexual Battery Lawyers Today!
If you are facing a sexual battery charge in Toledo, OH, consult with Patituce & Associates to discuss the details of your case. The consequences that ensue following a sexual battery charge in Ohio are extremely stringent.