Have A Question?
We might have the answer right here.
Just type your question into the search box found down and to the right, then press the search button.
Every page related to your question will appear on your screen. Please take your time – we have a lot of questions and answers here.
If by chance we do not have your answer here, it’s okay….. pick up the phone and call (513) 421-9700.
Juvenile courts are more oriented towards treatment and rehabilitation of offenders as compared to adult courts.
Typically on major offenses a juvenile can be sentenced for a minimum of one year in DYS (the Department of Youth Services) up to age 21.
A juvenile can be bound over to adult court for rape if the offender is as young as 14. If the offender is 16 the juvenile may face a mandatory bindover.
If that occurs the juvenile would face the same penalty as an adult and would be subject to incarceration in an adult prison.
If you convicted of Rape you will be declared a Tier 3 Sex Offender and required to register for life with registration every 90 days with the Sheriff where you live, work and/or go to school.
There are three levels of registration for sex offenders in Ohio, known as Tier 1, Tier 2 and Tier 3.
Adult Tier 1 offenders are required to register for 15 years with annual verification. Adult Tier 2 offenders are required to register for a period of 25 years with verification every six months.
Adult Tier 3 offenders are required to register for life with verification every 90 days
If you are convicted of Sexual Battery the law requires that the judge designate you as a Tier 3 Sexual Offender which requires lifetime registration with verification every 90 days.
In most cases, the penalty for Unlawful Sexual Conduct with a Minor is a fourth degree felony, punishable by a term of imprisonment of six to 18 months.
However, if the offender is less than 4 years older than the other person the offense is a misdemeanor of the first degree which is punishable by a jail term (not a penitentiary term) of up to six months. Conversely, the offense is a felony of the third degree if the offender is more than 10 years older than the other person.
Finally, if the offender has previously been convicted of Rape, Sexual Battery or Unlawful Sexual Conduct with a Minor, the offense is a felony of the second degree and punishable by up to
If the potential offender is over 18 years of age the other person must be 16 years of age. Sixteen is the age of consent in Ohio.
Many times the first thing that happens on an arrest for Gross Sexual Imposition is an interview with the police.
In all circumstances a person arrested should refuse an interview and insist on getting a lawyer. Since many times these interviews are not recorded you are relying on the police to accurately recall your statements.
In short, that is a position no person should put themselves in.
Your only defense is to take the detectives pen when they ask yo to sign the rights waiver form, and instead of signing it write, in capital letters, I WANT A LAWYER.
After the arrest the first court appearance will be an arraignment where bond is set.
After that the matter can be set for pretrial and scheduling conferences until you decide to plead or set the matter for trial.
As cases involving Gross Sexual Imposition rarely have any physical evidence such as DNA to substantiate these claims, it is imperative to hire an attorney who has a documented history of defending sexual assault type crimes.
Unlawful sexual conduct with a minor by definition requires consent of the complainant to sexual activity.
The statute prohibits this conduct when the offender is over 18 and the “victim” is over 13 but less than 16 years if age.
Because consent is required it is a fundamentally different charge than rape.
If the offender is more than 4 years older than the complainant Unlawful Sexual Conduct is a felony.
Anyone age 13 or higher can be charged with statutory rape. Both rape under 13 and rape under 10 are triggered by the age of the victim, not the defendant or person charged.
The question is complicated if both the victim and the offender are under 13.
Our office has defended several cases such as these. Early on there was no case law on the subject.
Since the law was designed to protect children from adult predators, it seemed to make little sense the same law was going to be applied to a defendant who is also under 13.
The law, while ever evolving, is better suited to handle cases where both parties are under 13.
Statutory rape in Ohio means sexual conduct under the age of 13.
The reason why it is referred to as statutory is the legislature has determined that anyone under the age of 13 is not capable of consenting to sexual conduct.
The law has thus made it illegal to have sexual conduct with anyone under 13, regardless of the reason.
Statutory rape in Ohio includes both rape under 13 and rape under 10.