What Is Criminal Sexual Conduct in the First Degree?

In Ohio, offenses involving criminal sexual conduct represent some of the most severe crimes under state law, imposing potentially harsh punishments. Most serious among these offenses include criminal sexual conduct in the first degree, formally known as rape under Ohio law. A rape conviction can result in harsh consequences, including the possibility of life imprisonment in some cases. Suppose you face a rape charge in Ohio. In that case, you need a knowledgeable, dedicated criminal defense lawyer. A skilled Cincinnati criminal defense attorney can advocate for your rights and interests and pursue the best possible outcome for your case. 

Defining Criminal Sexual Conduct in the First Degree

Under Ohio law, “sexual conduct”  means vaginal or anal intercourse, fellatio, and cunnilingus, or insertion of any part of the body or an object into another person’s vaginal or anal opening. Criminal sexual conduct can take the form of rape, sexual battery, or unlawful sexual conduct with a minor. However, among these offenses, only rape can lead to a first-degree felony charge. 

Elements of a First-Degree Criminal Sexual Conduct Charge

Ohio’s rape statute defines the offense. Engaging in sexual conduct with another person without that person’s consent is illegal when any of the following applies:

• The offender substantially impairs the other person’s judgment or control. This could be by administering a drug or intoxicant surreptitiously or by force, threat of force, or deception to prevent the other person’s resistance.
• The person is under 13, regardless of whether the offender knows the person’s age
• The person has an impaired ability to consent or resist sexual conduct. The cause could be a mental or physical condition or advanced age, and the offender knows or has reasonable cause to believe that fact

When an offender purposely compels a person to submit to sexual conduct by force or threat of force, it’s rape. 

Penalties and Consequences for a Conviction for First-Degree Criminal Sexual Conduct

Under Ohio law, the penalty for a rape conviction includes an indefinite prison term with a stated minimum term of:

• Three, four, five, six, seven, eight, nine, ten, or eleven years and
• A maximum term equal to the minimum term plus 50 percent if sentenced to one felony.
• The total minimum terms of consecutive sentences plus 50 percent of the longest minimum term for the most serious felony offense, or
• The longest of the minimum terms for concurrent sentences plus 50 percent of the longest minimum term for the most serious qualifying felony.

Various aggravating factors can also increase the minimum stated term for a rape conviction, One such factor is surreptitiously administering a controlled substance. Furthermore, committing rape against a victim under 13 can result in a maximum sentence of life imprisonment in certain circumstances.

A conviction for first-degree rape can have other consequences beyond a prison term. For example, convicted defendants will have to register as sex offenders under Ohio’s sex offender registry law. A rape conviction can place an individual under Tier 3 registration. Tier 3 imposes the strictest notification requirements. They include reporting to law enforcement every 90 days for life. It also has a community notification requirement that provides neighbors within 1,000 feet of the offender’s residence with information about the offense.

Finally, a rape conviction can have other long-lasting consequences in the form of a stigma of a criminal record that may disqualify individuals from some jobs or housing opportunities and generally make pursuing employment, housing, or educational opportunities more challenging. Convictions can also result in the loss of some civil rights, such as the right to own firearms.

Defenses to Criminal Sexual Conduct Charges

When faced with a rape charge, a defendant may pursue various defense strategies. Common defenses raised in criminal sexual conduct cases in Ohio include:

• Consent:

A defendant may argue that the victim validly consented to the sexual conduct, negating the non-consensual element of a rape charge.

• False allegations

Defendants facing rape charges may claim that the alleged victim has fabricated their allegations, either due to a desire for retribution against the defendant or to gain an advantage in another legal proceeding (such as a domestic violence or child custody case) or due to the victim’s mental health issues causing them to fabricate the memory of the rape.

• Mistaken identity

A defendant may challenge the reliability of the alleged victim’s or an eyewitness’s identification of the defendant by drawing attention to issues that could have affected their perception, such as low lighting, visual obstructions, or the shock of the event. Defendants may also highlight suggestive police identification procedures that could have affected a victim’s or eyewitness’s identification.

• Alibi

A defendant may deny responsibility for an alleged rape by presenting alibi evidence proving they were elsewhere when the alleged assault occurred.

• Lack of aggravating factors: Defendants may reduce the grading and potential sentencing exposure for a rape conviction by arguing that the prosecution lacks evidence to prove aggravating factors, such as the use of intoxicating agents or the victim’s age or physical/mental incapacity.
• Unreliability of forensic evidence: In cases involving DNA or other forensic evidence to identify the perpetrator, a defendant may contest the reliability of forensic testing due to unreliable testing methods, contamination of testing equipment, or improper handling of forensic evidence.
• Unlawfully obtained evidence or inculpatory statements: A defendant may seek to exclude evidence from the prosecution’s case by asserting that police obtained the evidence or inculpatory statements through an unlawful search or interrogation. 

How Can a Criminal Defense Attorney Help You with Criminal Sexual Conduct Charges?

A criminal defense attorney can help you seek a positive outcome to your case by:

• Independently investigating your charges to obtain all available evidence
• Evaluating your legal options, including identifying potential defense strategies
• Explaining your charges and the potential outcomes of your case to prepare you for what to expect
• Vigorously contesting the prosecution’s case at each step, including filing motions to exclude evidence or dismiss your charges as appropriate
• Advocating on your behalf in court

Contact Our Firm Today to Discuss Your Charges and Options

After getting arrested and charged with first-degree rape in Ohio, you need help. An experienced, dedicated criminal lawyer can protect your rights, reputation, and future. Call Moermond & Mulligan, LLC today at (513) 421-9790 or contact us online for a free, confidential consultation with our Cincinnati criminal defense attorneys to learn how our firm will fight to help you secure a favorable resolution to your charges.

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