Many times, the presumption of innocence is thrown out the window when someone has been accused of sex crimes. Unfortunately, an unspecific, unsubstantiated accusation can have an immediate and life-long impact on the person accused. The tactics used by authorities and prosecutors in these types of cases can be easily used against you, regardless of your innocence, and may result in large monetary fines or years in prison. If you have been arrested or believe you’re under investigation for an alleged sex-related offense, you need a defense attorney who understands how these crimes are prosecuted and will act quickly and thoroughly to preserve your reputation.
Sex Crimes Overview
Chapter 2907 of the Ohio Revised Code lists criminal offenses categorized as sex crimes. While many alleged incidents are categorized as a sex crime, Ohio law establishes that offenses typically involve some kind of prohibited sexual conduct. While many people believe that sex crimes are typically committed by someone they do not know, the alleged offenders in these cases are typically personally known to the alleged victim, such as a friend, family member, or co-worker. If convicted, sex offenders can face severe penalties and may need to register as a sex offender for years.
Sex Crimes Definition
As it relates to sex crimes, the Ohio Revised Code defines the following:
(A) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(B) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(C) “Sexual activity” means sexual conduct or sexual contact, or both.
(D) “Prostitute” means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(E) “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
There are a total of eight different crimes the Ohio Revised Code classifies as a sex crimes:
2. Sexual Battery
3. Unlawful Sexual Conduct with Minor
4. Gross Sexual Imposition
5. Sexual Imposition
8. Public Indecency
If you are currently under investigation or have been arrested for any kind of alleged sexual offense, you may be able to provide one of several defenses in order to reduce or dismiss your criminal charges. Each specific case is unique based on the nature of the alleged crime, but common defenses include:
Some alleged offenders may be falsely accused of sex crimes by ex-spouses or former partners out of revenge or for other ulterior motives.
Lack of Evidence
Prosecutors may be unable to convict alleged offenders for sex crimes when they do not have any or enough physical evidence to prove that a sexual offense was committed.
Alleged victims may claim that sex crimes were committed when they originally consented to sexual conduct with the alleged offenders.
In some cases of alleged sex offenses, the alleged victims may misidentify their alleged offenders and cause police to arrest innocent people.
Depending on the specific sex crime a person is accused of, the alleged offender may be able to raise an affirmative defense in which he or she admits to the sexual conduct in question but cannot be charged with a crime because a certain fact negates the criminal charges.
If you’ve been accused of a sex crime, time is not on your side! Contact us 24/7 to schedule a Free Consultation.