The age of consent in Ohio is 16, but can be higher or lower in other states. The „Romeo and Juliet“ exception is also enshrined in most legal rape laws and regulates sexual intercourse when neither party has reached the age of consent and/or the age difference between the two parties is negligible. Again, the nature of this exception differs from country to country. In Ohio, legal rape is called „unlawful sexual conduct with a minor“ and is criminalized by Ohio Code § 2907.04. Be respectful, but vigilant when repeatedly asserting your constitutional rights to silence and a lawyer. Do not communicate with the victim, family and friends. Keep a respectful distance and cooperate with a juvenile defense attorney with your illegal sexual behavior in Ohio to defeat unwarranted legal rape allegations in Columbus. Definitions and Classification of Sexual Offenses or Related Crimes under Ohio Law – This table lists the various sexual offenses prosecuted under Ohio law. The type of crime with which a person has been charged is crucial, as a prosecutor must be able to prove beyond a doubt all the elements of a particular charge (listed in the table) in order to obtain a conviction. In Ohio, the age of consent is 16. Ohio criminal law provides other exceptions and guidelines for those who have sex with a minor child. Ohio Code § 2907.04 Convictions for unlawful sexual conduct with a minor are punishable based on the age of the parties and/or the defendant`s criminal record: Overall, a reasonable person may have been entitled to believe that the victim was over the age of 16 in these circumstances.
The introduction to the Ohio Sexual Penal Code (Chapter 2907) sheds light on how sex crimes in Ohio intended to overlap. Compounded sex crimes are generally listed in order of severity, beginning with rape (first-degree felony) and ending with operating adult businesses without authorization (first-degree offense). They are also grouped by offence type, i.e. crimes based on sexual intercourse, prostitution/pimping, commercial sexual exploitation and adult commercial activities. Illegal sexual behavior with a minor is a crime based on sexual intercourse and is one of the first three sex crimes to be criminalized in Ohio: (1) rape, (2) sexual violence, and (3) illegal sexual behavior with a minor. A single „act“ can be classified as rape, sexual violence, and illegal sexual behavior with a minor in Ohio. Because legal rape cases almost always involve minors, Ohio has special evidentiary procedures and safeguards in place to minimize the psychological impact of law enforcement. This may include questioning the minor only by means of a surveillance camera, appointing the minor as litigation guardian to represent his/her interests, and/or limiting the nature of the sexual history and evidence of reputation admissible in court. Those accused of unlawful sexual conduct with a minor should contact an experienced Ohio rape defense attorney who is familiar with the special investigative and judicial procedures used in sexual assault cases involving minors in Ohio. Under this exception, a prosecutor cannot charge a minor who engages in consensual sexual acts with another minor. Romeo and Juliet laws can also ease penalties if a person over the age of 18 has consensual sex with a minor, as long as their age difference is small. This means that you have had sex (vaginal,, oral, and/or penetrating) with someone under the age of 18.
Ohio still defines a „minor“ as a person under the age of 18, but consensual sexual behavior with a minor is not always illegal if the minor is over the legal age of consent (16). For the purposes of Ohio Code Section 2907.04, a minor is defined as a person under the age of 16 but over the age of 13. Anyone under the age of 13 is considered a child in Ohio. Sexual conduct with a child is rape and is a first-degree felony punishable by life imprisonment. Lack of knowledge about age is never a defense against sexual behavior with a child, but it is a defense against legal rape. Disclaimer: The details contained in this blog are provided for educational purposes only and should in no way be considered legal advice. No recipient of material from this blog, client or otherwise, shall act or otherwise act on the basis of the material composing the blog without obtaining appropriate legal or professional advice on the facts and situations of an attorney accredited in the recipient`s state. A lawyer dedicated to legal rape defense at Joslyn Law Firm provides a safe party to talk to about your legal concerns.
We are able to act as your lawyer inside and outside the courtroom. This may mean referring clients to third-party government or nonprofit resources, recommending that the court appoint a litigation guardian as a neutral attorney to represent the full legal interests of a minor (especially a pregnant minor), and working with all parties involved to reduce/drop allegations of legal rape and reach a mutually beneficial solution. Under section 2907.04 (B)(2) of the O. R.C., if the perpetrator is less than four years older than the victim, legal rape becomes a 1st degree offense. This provision reduces the penalties for legal rape if one of the parties is of age and both are of age. The law is pretty clear, although it can be a little confusing. In general, the law states that if you are 18 or older and you have sexual acts with someone under the age of 16 and over the age of 13, you are considered reckless. The person you have sex with is not of consensual age. Therefore, you are breaking the law in Ohio.
Columbus prosecutors have the burden of proof for any element of unlawful sexual conduct with a minor beyond a reasonable doubt. You must present admissible evidence proving each of the following elements of legal rape in Ohio to support the charges: After hours of preparation with our client, the client`s family and various conversations with the prosecutor, it was clear that our lawyers did not have an easy case on their hands. We worked tirelessly to achieve the result our client wanted and the result our client deserved. a complete dismissal. The prosecutor continued to fight and it was only when all parties appeared in court that he realized that his case was weak. Nevertheless, our lawyers advanced their lengthy arguments and, in the end, the court accepted a complete dismissal. Do not talk to the police, contact the victim, or discuss the case with potential witnesses. Instead, in Ohio, the common law rule of leniency dictates that ambiguity in a criminal law must favour the accused. This means that age differences should be measured in relation to the parties` birthdays and not in relation to the strict legal age. For example, a victim born on December 31, 2004 and a defendant born on January 1, 2001 are under four years old, even if the victim is 14 and the defendant is 18. Their age difference is three years, 11 months and 30 days, which is legally less than three years. These calculations may confuse even prosecutors, but an experienced Columbus defense attorney will make sure all age difference calculations are done in favor of the defendant.
Romeo and Juliet`s laws protect young people who engage in consensual sex, even if one of the parties has not yet reached the age of consent. Here`s everything you need to know about the Romeo and Juliet laws in Ohio. Offenders cannot be convicted of both major and minor offences. For example, a teacher cannot be convicted of both sexual violence for having sex with a 15-year-old student and for unlawful sexual conduct with a minor for having sex with the same student because a „minor“ is a necessary part of the underlying offence of sexual violence. She is charged with the most serious offence, sexual violence, and if the jury does not convict her of sexual assault, she can be convicted of the lesser offence of unlawful sexual conduct with a minor. However, if a „minor“ is not a necessary part of the broader crime, i.e. rape, an offender may be convicted of both rape and unlawful sexual conduct with a minor. Ohio`s legal rape laws only mention minors 13 years of age or older. Ohio governs sexual conduct with minors under the age of 13 through O.R.C. Section 2907.02(A)(1).
This article stipulates that anyone who engages in sexual acts with a minor under the age of 13 automatically commits rape, regardless of the age of the perpetrator, his knowledge of the age of the victim and the consent of the victim. The prosecutor will bring this charge as a 1st degree felony. Ohio Age of Consent/Statutory Rape Fact Sheet – This fact sheet clearly lists the crimes for which an accused can be charged in Ohio if he or she commits sexual acts with a minor. It is broken down by the age of the accused and the age of the minor, so that the crime in question can be referenced at a glance. Even if the evidence does not establish a clear defence of unlawful sexual conduct with a minor, a defendant`s „good faith“ belief that the victim was over 16 years of age, the absence of harm to the victim, and the mutual consent between the parties may be used to mitigate the defendant`s sentence. Only an illegal sexual behavior experienced by Columbus with a minor defense attorney can determine which defenses are applicable to the individual case. Whether you are interested in the legal age to care for children in Ohio or other Ohio family laws, The Keating Firm LTD. can help you get the information you are looking for.
At the same time, an experienced Columbus defense attorney can use the same circumstantial evidence to prove that the defendant did not and should not have known. that the victim was a minor.
