Sexual Imposition

• Sexual Imposition under Ohio Law
• Key Elements of Sexual Imposition in Ohio
• Examples of Sexual Imposition in Ohio
• Common Defenses to Sexual Imposition Charges
• Frequently Asked Questions About Sexual Imposition in Ohio
• Additional Resources
• Hire a Lawyer for Sexual Imposition Charges in Hamilton County, OH

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Sexual Imposition under Ohio Law

Sexual Imposition

Sexual imposition, defined under Ohio Revised Code Section 2907.06, refers to knowingly engaging in sexual contact under conditions where consent is impaired or the contact is offensive. Examples include cases where the victim is unaware of the contact or submits due to coercion or misrepresentation by the offender. If the victim is between 13 and 16 years old, and the offender is at least 18 years old and four years older than the victim, the law also applies.

Sexual imposition is typically classified as a third-degree misdemeanor, carrying penalties of up to 60 days in jail and a $500 fine. However, prior convictions under related offenses escalate the charge to a first-degree misdemeanor, punishable by up to 180 days in jail and $1,000 in fines. Cases involving mental health professionals who exploit their authority face heightened scrutiny and penalties.

Gross Sexual Imposition

Gross sexual imposition, as outlined in Ohio Revised Code Section 2907.05, involves sexual contact under specific aggravating circumstances. These include cases where the offender uses force, threats, or drugs to impair the victim’s ability to consent, or engages in sexual contact with a minor under the age of 13.

When gross sexual imposition involves an impaired victim or the use of force, it is classified as a fourth-degree felony, punishable by six to 18 months in prison and up to $5,000 in fines. However, if the victim is under 13 years old, the offense escalates to a third-degree felony with mandatory prison terms ranging from one to five years. Repeat offenders face enhanced penalties, including longer mandatory imprisonment.

The law emphasizes the offender’s intent and knowledge, which prosecutors must prove beyond a reasonable doubt. These factors, coupled with any prior convictions, significantly influence sentencing outcomes.

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Jury Considerations

To determine guilt in sexual imposition cases, juries assess key elements defined in the Ohio Revised Code. These include whether the offender knowingly engaged in sexual contact, whether the victim’s ability to consent was impaired, and whether the offender acted recklessly regarding the offensive nature of the contact. For example, in cases involving minors under 16 years old, the jury considers the offender’s age and relationship to the victim to assess statutory violations under Section 2907.06(A)(4).

In cases involving mental health professionals, as outlined in Section 2907.06(A)(5), the jury evaluates whether the offender falsely represented that sexual contact was necessary for treatment. The prosecution must also prove beyond a reasonable doubt that the act met the legal definition of sexual contact, focusing on intent and the nature of the interaction.

Non-Jail Alternatives for Sexual Imposition

Ohio law imposes significant restrictions on probation and diversion programs for sexual imposition offenses, particularly those involving minors under 13. For gross sexual imposition under Section 2907.05(A)(4), where the victim is under 13, mandatory prison sentences apply, eliminating eligibility for probation or diversion. Similarly, certain misdemeanor sexual imposition cases under Section 2907.06 may preclude diversion if aggravating factors, such as prior convictions, are present.

However, for less severe cases, such as first-time misdemeanor sexual imposition offenses without aggravating circumstances, courts may exercise discretion to offer probation or alternative sentencing programs. These decisions depend on the specific facts of the case and the defendant’s prior criminal record. Further analysis is needed to clarify eligibility for certain programs in complex cases.

Examples

Sexual imposition cases in Ohio vary widely depending on the circumstances and severity of the offense. A common example of a third-degree misdemeanor under Section 2907.06(A)(1) involves an adult knowingly engaging in unwanted sexual contact, such as touching, even if no physical injury occurs. This type of case often hinges on the offender’s awareness that the contact was offensive.

A more severe example, classified as a third-degree felony under Section 2907.05(A)(4), occurs when an offender has sexual contact with a child under 13 years old. For instance, touching a minor’s private areas with the intent to arouse or gratify sexual desire constitutes gross sexual imposition, with mandatory prison terms in such cases.

Cases involving mental health professionals, as described in Section 2907.06(A)(5), can include therapists convincing patients that sexual contact is necessary for treatment. These cases underscore the abuse of authority as a central factor in determining the severity of the offense.

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Common Defenses

Consent Was Lawfully Given

One of the most critical defenses is proving that the alleged sexual contact occurred with lawful consent. While consent cannot be used as a defense when the victim is under 13 years old, it may apply in other cases, such as those involving victims aged 16 or older, provided no coercion or impairment was involved.

No Intent to Commit Sexual Contact

Defendants may argue that the contact was accidental or misconstrued. For instance, brushing against someone in a crowded area or other unintentional physical interactions can lack the intent necessary to constitute sexual imposition.

Mistaken Identity

In cases where the evidence relies heavily on witness testimony, the defense may challenge the credibility of identification. If no corroborating evidence exists, as required by Ohio law, this defense can significantly weaken the prosecution’s case.

Insufficient DNA Evidence

Ohio law mandates that a conviction for sexual imposition cannot rely solely on the victim’s testimony without corroborating evidence. Defendants can argue that the lack of DNA, physical evidence, or credible eyewitness accounts renders the case insufficient for conviction.

Misrepresentation of Professional Authority

For charges involving mental health professionals under Section 2907.06(A)(5), the defense can focus on disproving the claim that sexual contact was misrepresented as necessary for treatment. This often involves challenging the victim’s interpretation of interactions and presenting expert testimony.

Procedural Errors in Investigation

Errors in evidence collection, witness interviews, or violations of the defendant’s rights during the investigation can lead to suppression of critical evidence. Procedural flaws undermine the prosecution’s case and may result in dismissal.

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Frequently Asked Questions

1. What is sexual imposition in Cincinnati?
   Sexual imposition involves sexual contact under circumstances where the victim cannot consent, is unaware of the contact, or is coerced by the offender, as defined in Section 2907.06.
2. What is the difference between sexual imposition and gross sexual imposition?
   Gross sexual imposition, under Section 2907.05, typically involves more severe acts, such as those against minors under 13 or involving force or drugging, and is classified as a felony. Sexual imposition under Section 2907.06 is usually a misdemeanor.
3. Can someone be charged based solely on the victim’s testimony?
   No. Section 2907.06(B) requires corroborating evidence to support the victim’s testimony for a conviction.
4. What if the alleged contact was accidental?
   If the contact was not intentional, the lack of intent may be a defense against sexual imposition charges.
5. Can a minor be charged with sexual imposition?
   Yes, minors can face charges, but their cases are often handled in juvenile court, where penalties and processes differ.
6. Does a conviction require sex offender registration?
   Some convictions, particularly felonies under Section 2907.05, may require registration as a sex offender, depending on the case.
7. Can sexual imposition charges be expunged?
   Convictions for sexual imposition generally cannot be expunged if they involve violence or victims under 18, as outlined in Ohio expungement laws.
8. Should someone accused of sexual imposition hire an attorney?
   Yes, consulting a criminal defense attorney is critical to understanding the charges, building a defense, and navigating the legal process effectively.

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Additional Resources

Ohio Revised Code Section 2907.05: Gross Sexual Imposition – This official source provides the full text of Ohio Revised Code Section 2907.05, which defines gross sexual imposition. It outlines the specific legal conditions, prohibited actions, and penalties related to gross sexual imposition

Ohio Revised Code Section 2907.06: Sexual Imposition – This source contains the complete text of Ohio Revised Code Section 2907.06, which governs sexual imposition. It details the actions constituting the offense, the elements required for prosecution, and the associated penalties.

Court News Ohio: Provision in Gross Sexual Imposition Statute Found Unconstitutional – This source discusses a 2015 Ohio Supreme Court decision that ruled part of the gross sexual imposition statute unconstitutional. It explains the case background, legal reasoning, and implications of the decision.

Ohio Legislative Service Commission: Analysis of H.B. 35 – This source includes a legislative analysis of House Bill 35 by the Ohio Legislative Service Commission. It details changes to the law concerning childhood sexual abuse, statutes of limitations, and offender classification mechanisms.

Hamilton County Courts: Expungement for Sexual Imposition Offenses – This source explains the process for expungement of sexual imposition offenses in Hamilton County, Ohio. It includes eligibility criteria, waiting periods, and filing procedures for sealing criminal records.

Ohio Capital Journal: Ohio Gov. DeWine Signs Bill Banning Spousal Rape into Law – This article from the Ohio Capital Journal discusses the passage of House Bill 161, which eliminates the spousal rape exemption in Ohio law. It highlights the legislative process, key provisions of the law, and its impact on victims and offenders.

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Hire a Lawyer for Sexual Imposition Charges in Hamilton County, OH

If you or someone you know is facing accusations or charges of sexual imposition in Cincinnati, seek legal representation without delay. Speaking to law enforcement without a lawyer can significantly increase the risk of wrongful conviction. To protect your rights and ensure a fair process, consult with an experienced criminal defense attorney immediately.

The Wieczorek Law Firm represents clients throughout Hamilton County and the greater Cincinnati metropolitan area.

Contact Mark Wieczorek at (513) 317-5987 for a free consultation or fill out our contact form today.

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