Sexual Assault Defense in Ohio

In Ohio, sexual battery, also called sexual assault or rape, is a felony offense. If you have been accused of sexual assault, you need to put an experienced criminal defense attorney on your side as soon as possible. At Moermond & Mulligan, LLC, we have over 50 years of combined experience and have achieved a track record of success in both state and federal courts. Led by Attorney L. Patrick Mulligan, a Board Certified Criminal Law Specialist since 1997, our firm’s passion for protecting the rights of the accused has earned us a reputation as one of the most accomplished and trusted firms in the state.

Facing charges? Contact our Dayton sexual assault attorneys today at (513) 421-9790 for a free and confidential case evaluation. We serve Southwest Ohio.

What Is Sexual Assault?

Sexual assault/battery involves unwanted sexual contact or touching. The most serious form of sexual assault is rape, in which a person compels another person to engage in sexual intercourse against the victim’s will. This includes situations in which the victim was unable to consent to sex, such as if they were passed out from drug or alcohol use. A person can be charged with statutory rape if the sexual activity involved a minor who is incapable of giving consent in the eyes of the law.

Penalties for Sexual Assault in Ohio

The penalties for a sexual assault crime depend on the circumstances of the crime and the age of the victim.

Sexually assaulting a person over the age of 13 is punishable by at least one year (up to five years) in prison and/or a fine.
A conviction for rape of a person 13 or older is punishable by five to 11 years in prison and/or a fine.
Sexual assault of a person under the age of 13 is punishable by two to eight years in prison and/or a fine, while rape of a person under 13 can result in life in prison. (This sentence can be elevated to life without parole if the assault resulted in serious harm to the victim or if the victim was under the age of 10.)

In addition to these consequences, a sexual assault conviction will have other collateral consequences. These can include a loss of reputation and a criminal record which can make it difficult for the convicted person to find a job, rent an apartment, obtain a loan, or qualify for some forms of federal assistance.

With so much at stake, do not delay in getting quality legal help as soon as possible.

How Can I Challenge Sexual Assault Allegations in OH?

As more emphasis is being placed on sexual assaults by the mainstream media, false accusations for these crimes has also become a concern for many people. A few ways that you can challenge sexual assault allegations include the innocence defense, consent defense, and insanity or mental incapacity defense.

The Innocence Defense

The simplest defense against sexual assault allegations is to claim and maintain that you are innocent. Having an alibi that proves you couldn’t have possibly carried out the assault due to your location at the time of the alleged event can be one of the strongest pieces of evidence in your case.

You will need to have credible evidence that supports your innocence claim. Hotel receipts, plane tickets, credit card bills, and corroborating witnesses can all be used to demonstrate to the court that you are innocent.

If you have been accused of sexual assault in Dayton, you can use the evidence above to show that you were actually in another location when the assault took place. This can possibly result in your charges being dropped.

Another strong defense is to claim that you have been misidentified by the alleged victim. Similar to using an alibi, you will need strong evidence that shows you have in fact been misidentified as the perpetrator. DNA evidence can be used to prove that you have been misidentified by the accuser.

Remember that prosecutors need to show that you are guilty beyond a reasonable doubt, if you can establish flaws in their evidence, you might be able to get an acquittal.

The Consent Defense

Sometimes the alleged sexual assault was consensual, meaning it can be argued that your actions do not amount to an assault. Perhaps the biggest aspect of sexual assault cases is that the actions of the accused were carried out against the victim’s wishes. Although you will have to admit to the sexual encounter, if you can prove that there was consent between you and your accuser, it will significantly strengthen your defense against their allegations.

Proving the consent of the accuser can be both difficult and controversial. Sometimes the consent strategy can make you look bad because it requires you to bring forth issues with your accuser’s sexual history and past conduct. This might not go over very well with some juries, making this particular defense strategy one that is best handled by an experienced Dayton sexual assault attorney.

The Insanity or Mental Incapacity Defense

If you have a mental disease or condition that leaves you mentally incapacitated, you can claim that these things remove you from liability for your actions. Some states might go easier on you if you can prove that your mental condition prevented you from fully understanding the implications and criminal nature of your actions.

Get the Help You Need to Fight Your Charges

Just because a person has been accused of sexual assault does not mean that they will automatically be convicted. Help is available! Moermond & Mulligan, LLC is prepared to offer you a free case evaluation to look at the facts of your case and determine the best course of action. We understand that this can be a stressful time, which is why we’re ready to guide you through your case from start to finish.

Sexual Assault Lawyers in Dayton