Sexual Battery Defense Lawyers In Cincinnati

If you have been charged with sexual battery in Ohio, your first call should be to Moermond & Mulligan, LLC. A conviction for sexual battery could come with severe penalties, including mandatory prison sentences, a permanent criminal record, requirements to register as a sex offender, and substantial fines, so you’ll want to have a fierce advocate defending you.

At Moermond & Mulligan, LLC, our seasoned sexual battery defense lawyers, L. Patrick Mulligan and Attorney Moermond bring over 50 years of combined experience to your case. With backgrounds as former prosecutors and extensive trial experience at both the state and federal levels, they are well-equipped to handle cases involving sexual battery charges.

One key aspect of sexual battery charges is the victim’s knowledge of what happened, which is subjective and can vary significantly from one situation to another. This knowledge element will depend on the individual’s feelings, beliefs, or perception of events. The prosecution must then prove its case based on these subjective elements, which a knowledgeable and skilled sexual battery defense lawyer will know to examine and potentially challenge as part of building a solid defense.

Trust Moermond & Mulligan, LLC, to provide the experienced and tenacious representation you need when facing sexual battery charges. We’ll be ready to protect your rights and fight for the best possible outcome in your case. Call us or contact us online for a 100% confidential consultation today.

What is Sexual Battery?

Sexual battery, as defined under Ohio law, is a serious criminal offense involving sexual conduct with another person without their consent. To secure a conviction, the prosecution must prove several elements beyond a reasonable doubt, including that the accused knowingly coerced, manipulated, or deceived the victim into participating in sexual conduct.

Sexual battery could arise from a variety of situations, such as when the accused is a person of authority, like a teacher, coach, or employer, and uses their position to take advantage of the victim. Other examples include situations where the victim is impaired by drugs or alcohol, unconscious, or mentally or physically incapable of resisting or understanding the nature of the sexual conduct.

According to ORC §2907.03, the following situations could result in sexual battery charges:

• The offender forces another individual to engage in a sexual act using any method preventing an ordinary person from resisting.
• The offender knows the victim’s ability to understand or control their actions is significantly impaired.
• The offender knows that the victim is unaware that the sexual act is taking place.
• The offender knows that the victim mistakenly believes they are their spouse.
• The offender is the victim’s biological or adoptive parent, stepparent, guardian, custodian, or someone acting in a parental role.
• The victim is in legal custody or is a patient in a hospital or institution, and the offender has authority over them.
• The offender is a teacher, administrator, coach, or another authority figure in a school, and the victim is a student at that school.
• The victim is a minor, and the offender is a teacher, administrator, coach, or another authority figure at a higher education institution where the minor is enrolled or attends.
• The victim is a minor, and the person is their athletic or another coach, instructor, scouting troop leader, or someone with temporary or occasional control over them.
• The offender is a mental health professional, the victim is their client or patient, and the offender falsely claims that sexual conduct is necessary for mental health treatment.
• The victim is confined in a detention facility, and the offender is an employee.
• The victim is a minor, the offender is a cleric, and the minor is a member of or attends the church or congregation served by the cleric.
• The victim is a minor, the offender is a peace officer, and the offender is more than two years older than the victim.

Sexual battery is generally charged as a third-degree felony. However, if the victim is under 13 years of age, it becomes a second-degree felony, and the offender will receive a mandatory prison sentence based on the following guidelines established by O.R.C. §2929.14:

Definite prison term for second-degree sexual battery:

• If committed on or after the effective date of Ohio’s amendment, the offender faces an indefinite prison term with a minimum of two to eight years, as chosen by the court.

Definite prison term for third-degree sexual battery:

• For specific third-degree felonies, the offender faces a definite prison term ranging from 12 to 60 months (one to five years).
• For other third-degree felonies not covered above, the offender faces a definite prison term ranging from nine to 36 months (less than one to three years).

Penalties for a Sexual Battery Conviction

The penalties for a sexual battery conviction can vary depending on the level of charges. A misdemeanor conviction may result in a jail sentence of up to one year, while a felony conviction can lead to a sentence of several years or even decades.

Fines are another potential penalty, ranging from a few thousand dollars to tens of thousands of dollars. In some cases, the court may also order the convicted individual to pay restitution to the victim, covering costs such as therapy, medical expenses, and lost wages.

Convicted individuals may also face probation, during which they must adhere to strict conditions set by the court. These conditions can include mandatory participation in sex offender treatment programs, restrictions on contact with the victim or other vulnerable individuals, and limitations on where the individual can live and work.

Consequences of a Sexual Battery Conviction on Your Life

A sexual battery conviction can have a far-reaching and long-lasting impact on your life. Personal relationships can be severely strained or destroyed, as friends and family members may distance themselves due to the stigma associated with the offense.

Your employment opportunities might be limited due to your criminal record since some employers will hesitate to hire individuals with a history of sexual offenses. Additionally, specific professional licenses may be revoked or denied, preventing you from pursuing your chosen career.

One of the most significant consequences of a sexual battery conviction is the requirement to register as a sex offender. This can result in public disclosure of your personal information, including your address, photograph, and details about the offense. Being forced to register as a sex offender could lead to social isolation, harassment, and difficulty finding suitable housing, as many communities impose restrictions on where registered sex offenders can live.

Common Defenses for Sexual Battery Charges

In the United States, every individual is presumed innocent until proven guilty beyond a reasonable doubt. As a result, you have the right to defend yourself against the charges you face, and the following are commonly-employed defenses in sexual battery cases:

• Mistaken Identity – A person accused of committing a sex crime might be the victim of mistaken identity. The accused person might resemble the actual perpetrator, or the perpetrator may have worn a disguise during the crime, making it difficult for the victim to identify them. If the wrong person is arrested, they can use this defense.
• False Accusations – Sometimes, people lie, which means that the supposed victim might bring a false accusation against an innocent person. A dishonest victim may make such an accusation to seek revenge, such as a jilted lover or partner. To support a defense against false accusations, revealing the alleged victim’s ulterior motives can be helpful.
• Marriage – Marriage can serve as a valid defense against sexual battery charges. If the alleged victim and the accused are legally married at the time of the offense, the state might drop the charges or dismiss the case, depending on the circumstances. However, the couple must not be legally separated, pursuing annulment, or in the process of divorce when the alleged misconduct occurs.

While these are common defenses for sexual battery, some may not be applicable depending on the case’s specific circumstances. Additionally, certain defenses may be more advantageous than others based on the available evidence.

Contact a Cincinnati Sexual Battery Defense Lawyer

Facing sexual battery charges can be an overwhelming and frightening experience. It is crucial to have a knowledgeable and experienced sexual battery defense lawyer by your side to guide you through the process and fight for your rights. At Moermond & Mulligan, LLC, our compassionate and dedicated Cincinnati criminal defense attorneys are ready to provide you with the skilled legal representation you need.

If you or a loved one is facing sexual battery charges, do not hesitate to contact us for a confidential consultation to discuss the specifics of your case. Our team is here to help you understand your options, protect your rights, and work toward the best possible outcome for you. Call us or contact us online to take the first step toward safeguarding your future.