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Rape cases, by their nature, can be extremely tense, and emotions can easily boil over on both sides. Both victims and defendants may have to have their sexual behavior and conduct scrutinized by a judge and jury, and the invasion of privacy can take its toll. Rape is a heinous crime, and the extreme stigma attached means that it can be difficult to find an impartial jury that provides equal consideration to both sides. Even if the allegations are untrue, accusations can negatively impact a person’s life and future prospects.

A rape defense attorney can bring clarity to difficult cases and defend you while protecting your rights and interests. Moermond & Mulligan, LLC has over 30 years of experience defending clients against criminal charges in Dayton and can provide our services for those accused of rape and other sex crimes. We have an established track record of securing favorable results in sex crime cases. We know how to investigate these kinds of cases while respecting each party’s privacy and dignity. Facing a rape charge is a daunting experience, but you have the right to competent legal counsel and a right to a fair trial.

Ohio’s Rape Laws

Unlike some other states that combine terms like rape, sexual assault, and abuse in statutes, Ohio has a law specifically defining rape as a criminal offense. ORC 2907.02 defines rape as sexual conduct where any of the following apply:

The offender intoxicated the victim with a drug to remove resistance, whether by threat, force, or deception
The victim is less than 13 years old
The victim has a mental disability, making them incapable of consenting
The victim lacks control due to drugs from medical surgery or treatment, and the offender knows
The offender uses force or threat of force

ORC 2907.01 defines sexual conduct to include several sexual activities, including vaginal/anal intercourse, fellatio, cunnilingus, and vaginal/anal penetration with a body part or foreign object. Note that this definition includes things like digital penetration (i.e., fingering), which some states exclude from rape definitions. Any degree of penetration is sufficient for a claim of intercourse. Very often, those who are charged with rape are also charged with sexual battery under ORC 2907.03.

How Is Consent Determined in Rape Cases?

An important part of securing a rape conviction is showing that the sexual conduct was nonconsensual. Consent as a legal concept means an ongoing recognition and agreement to participate in sexual activity.

In criminal rape cases, courts will look at several factors to determine the presence or lack of consent:

Clear and express communication about one’s wishes
Capacity to consent and make decisions (i.e., was the victim too drunk/intoxicated to consent?)
The presence of force, threat, or intimidation, whether implicit or explicit
Whether consent was withdrawn during the activity

It is important to note that Ohio’s rape law does not require victims to prove they physically resisted. Many rape victims freeze up from shock and fear and do not resist, and Ohio’s law recognizes that a lack of resistance is not a barrier to prosecution.

Similarly, courts cannot look at either the victim’s or the defendant’s past sexual conduct or behavior to make a determination of consent. Whether or not the victim and defendant were married has no bearing on prosecution under the law.

Consequences of a Rape Conviction

Rape is a first-degree felony in Ohio, which is the highest level of criminal charge. First-degree felonies generally carry a prison term between three and eleven years and a fine of up to $20,000. However, Ohio law has several enhanced penalties for rape convictions depending on the circumstances that could carry a higher sentence.

For instance, a person convicted of rape of a minor under the age of 13 could face a sentence of life in prison. Aggravating and mitigating factors in sentencing could include:

Whether the offender caused the victim serious bodily harm
Age of the victim
Use of a deadly weapon
Prior sex crime offenses
The offender’s state of mind during the crime (i.e., do they need mental or drug counseling?)
The offender’s character in the community
Commission of other crimes (e.g., assault, kidnapping, etc.)

Aside from the criminal penalties, the convicted person would have to register on the Ohio sex offender registry. Rape offenders are Tier III sex offenders in Ohio — the most severe classification — and must re-register every 90 days for the rest of their lives. Failing to re-register is itself a felony offense that can carry additional criminal penalties.

A sex crime conviction can also have other social implications, including:

Difficulty finding housing or employment
Loss of professional license (e.g., doctor’s, lawyer’s, or pharmacist’s license)
Restricted gun ownership
Probation and community control
Child custody termination
Difficulties with adoption
Domestic and international travel restrictions

Defense Strategies Against Rape Charges

As is the case in any criminal trial, those accused of rape have the right to face their accusers and defend themselves in a trial. When you hire Moermond & Mulligan, LLC to represent you, we will consider all the details of your situation, thoroughly investigate all possible defenses, and create a strategy designed to pursue the most favorable outcome possible in your situation.

Some of the defenses we may consider using in your case include:

Consent

One of the most common defenses against rape charges is arguing that consent was, in fact, present. Specifically, if you can provide sufficient evidence that you believed you had consent and that a reasonable person in the same situation would have also believed you had consent, it could deflate the prosecution charges. Note that reasonable belief of consent defenses are not applicable in statutory rape cases involving minors under 13.

Alibi

If you have a persuasive alibi, it can improve your chances of a case dismissal or acquittal. For instance, if you can prove you were somewhere else the night the claimed crime occurred, it could put a large hole in the prosecution’s case. Evidence like photos, receipts, GPS data, or witness testimony can place you at a different location during the crime.

Evidentiary Disputes

Prosecutors rely on several kinds of evidence in rape cases, such as eyewitness testimony, communication records, DNA/rape kit analysis, and other sources of physical evidence (e.g., fingerprints, blood, injuries, hair/fiber, etc.). An attorney can question the reliability of evidence in hopes of introducing reasonable doubt into the prosecution’s case.

False Allegations

Although rare, false rape allegations sometimes happen. Whether it’s a case of mistaken identity or a lie for malicious reasons, it’s possible that the accusations against the defendant are not true. An attorney could craft a defense around challenging the veracity of the accuser’s allegations.

Constitutional/Process Violations

If the police violated your rights when they arrested you or made errors in the collection and transportation of evidence, it could weaken their case. For instance, any evidence the police might obtain from an illegal search and seizure is not admissible in trial, even when the evidence is incriminating.

Dayton Rape Defense FAQs

Below are some of the most important and relevant questions we receive concerning rape charges and criminal penalties.

What Is the Age of Consent in Ohio?

In Ohio, the age of consent is 16, meaning that those who are 16 or older can choose to engage in sexual activity, even with those who are 18 or older. If someone who is 18 or older engages in sexual activity with someone under the age of 16, the older party could be charged with unlawful conduct with a minor, even if the sexual activity was not forced or coerced.

Is Information on the Sex Offender Registry Public?

Yes, all information on the Ohio sex offender registry is public and viewable by anyone. Sex offenders must provide their home address, work address, vehicle registration, identifying information, fingerprints, and information about their criminal case. You cannot apply for early removal from the registry if you are a Tier II or Tier III offender.

What Should I Do If the Police Arrest Me on Rape Charges?

Once you are arrested, it is crucial to assert your Fifth Amendment right to remain silent and not divulge anything except for basic identifying information. Next, ask for a lawyer. It’s important to avoid saying or doing anything that could incriminate you, so make sure you only discuss the case with your lawyer.

Contact Moermond & Mulligan, LLC Today to Speak to a Rape Defense Attorney

In the United States, those accused of crimes have the right to competent and effective legal counsel, no matter the nature of the charge. Rape and sexual assault charges have the potential to decimate your life and future prospects and deserve a serious response. The attorneys at Moermond & Mulligan, LLC have over 50 years of collective experience providing criminal defense services in Dayton and can stand up for your rights when no one else will.

Contact Moermond & Mulligan, LLC online or call (937) 228-9790 today for a case consultation with a rape defense lawyer in Dayton.

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Last Updated: 04-08-2025