Sexual battery is considered a serious criminal offense in Ohio with harsh consequences and penalties if you are convicted. Sexual battery generally refers to using coercion or a position of authority to engage in sexual contact with the victim.
If you have been accused, you need to speak with our experienced Cincinnati sexual battery lawyers at Patituce & Associates before speaking with family members, police, or friends about the accusations you face. Our sex crime defense attorneys have extensive experience handling these types of cases.
Call us today at 513-657-2440 to schedule a free initial consultation.
What Is Sexual Battery Under Ohio Law?
Sexual battery is defined under Ohio law as when someone engages in sexual conduct with another individual that isn’t their spouse when any of the following circumstances apply:
- The defendant knowingly coerced the victim to submit to the sexual conduct to prevent their resistance.
- The defendant knew the victim’s ability to control their behavior was impaired significantly.
- The defendant knew that the victim submitted to the sexual conduct since they didn’t know the act was happening.
- The offender was aware the victim submitted to the sexual conduct due to mistakenly believing the offender was their spouse.
- The accused is the other individual’s parent (adoptive or biological), stepparent, guardian, or custodian.
- The defendant had authority or legal custody over the other individual, such as a patient in a hospital.
- An administrator, teacher, coach, or other authority figure employed by a school engaged in sexual conduct with a minor attending the school.
- The defendant is or was a mental health professional who convinced a client that sexual behavior was an important component of treatment.
- The defendant is an employee of a detention facility where the other individual is imprisoned.
- A coach, scout leader, instructor, or other authority figure engaged in sexual conduct with a minor who they have disciplinary authority over.
- The defendant is a cleric of the other person’s church or congregation, and the other person is a minor.
- The defendant is a law enforcement officer, and the other person is a minor who is more than two years younger.
What Are the Penalties for Sexual Battery in Ohio?
In Ohio, sexual battery is classified as a third-degree felony if the alleged victim was above the age of 13. If the alleged victim is below the age of 13, the crime is a second-degree felony. If convicted, penalties for the aforementioned felonies are:
- 9 to 60 months in prison and/or a fine of up to $10,000 for a third-degree felony.
- 2 to 8 years in prison and/or a fine of up to $15,000 for a second-degree felony.
What Are Some Defenses for Sexual Battery?
Multiple affirmative, pretrial, and/or trial defenses are applicable in Cincinnati sexual battery cases, which include but aren’t limited to:
- False Allegations: The alleged victim has been dishonest about what transpired or the alleged offender has been misidentified.
- Consensual Sexual Activity: The alleged victim actually consented to sexual interaction with the defendant accused of coercing them.
- Lack of Evidence: There is not enough evidence to prove the defendant is guilty beyond a reasonable doubt.
- Language Barriers: In some situations, it may be possible to prove that there was a misunderstanding because the alleged offender and the alleged victim spoke different languages.
- Police Misconduct: The constitutional rights of the alleged offender were violated if police obtained evidence illegally or tainted the evidence, regardless of whether this was done intentionally.
How Can Patituce & Associates Help in a Sexual Battery Case?
Allegations of sexual battery are serious. Your future is at stake, which is why you should defend yourself aggressively at every turn. Fortunately, the experienced Cincinnati criminal defense lawyers from Patituce & Associates can help protect your future.
Here are some of the ways we can help in your sexual battery case:
- Conduct an independent investigation into the alleged offense
- Offer sound legal advice throughout your case
- Consult with various experts about the nuances of your case
- Work tirelessly to secure a reasonable bond on your behalf
- Develop an effective defense strategy for your case
- Search for evidence likely to convince the court to dismiss your case
- Answer all your questions about the legal process
- Work out a favorable plea bargain with the prosecution
- Argue on your behalf at trial, if necessary
Call Our Cincinnati Sexual Battery Lawyers Today!
If you have been charged with sexual battery in Cincinnati, OH, you should hire our experienced sexual battery lawyers at Patituce & Associates to represent you. If you contact our firm at 513-657-2440, we will schedule a free consultation where we can outline our plans for helping you secure the most favorable outcome for your case.