False allegations of a sex offense can destroy a person’s family, reputation, and future. What happens during the process of being accused? How do I prove my innocence and fight such an allegation of a sex crime? What are common charges that spring from being accused of inappropriate sexual contact with someone?
If you are under investigation for any sex-related criminal offense, it’s important to know your rights, which may help you avoid potentially life-altering consequences.
What happens during the process of being accused? How do I prove my innocence? t
Law enforcement takes reports of criminal sexual contact very seriously. So should you. If the accusation comes from a family member, it can be even more devastating.
Police will use all their resources to gather evidence of a sex crime including: eye-witness statements and statements of the accused; cell phone pictures, text messages, and other data; the defendant’s DNA; Child Protective Services investigative reports, and belongings of the alleged victim or defendant that may support the commission of a crime.
If you are the subject of a false allegation, even if the alleged victim withdraws their complaint or refuses to participate in the proceedings, the State reserves the right to pursue a criminal case.
The consequences of being convicted can result in prison time and sex offender registration for life, which can impact where the accused can work and live, as well as hefty fines and fees. The personal consequences of being accused can last a lifetime.
How Will An Attorney in Delaware, OH Defend My Rights?
As soon as you are made aware that a false allegation has been made against you, it is imperative that you contact a criminal defense attorney immediately. An experienced criminal defense attorney will advise you on making or not making a statement, and whether that statement should be verbal or in writing.
An attorney experienced with false allegations will work with law enforcement to arrange delivery of any material that is subject to a warrant. An attorney may also be able to limit the scope of the search.
Most importantly, an experienced attorney will work to suppress inappropriate material that should not be allowed as evidence against the defendant. An experienced defense firm will prepare to defend your rights and innocence at trial by gathering material and working alongside you to develop the right strategic defense for your case.
An experienced defense firm can take steps to mitigate damages to your career and family by facilitating clear communication while protecting your reputation.
If you have been accused of illegal sexual conduct, an experienced criminal lawyer can aggressively defend your rights and help you avoid potentially life-changing consequences.
Common Charges Resulting From Being Accused of an Inappropriate Sex Act
Common charges regarding allegations of sexual contact offenses include, but are not limited to the following and are detailed in Section 2907 the Ohio Revised Code.
- Sexual Imposition
- No person shall have sexual contact [through clothing] when the person knows it is offensive to the other person
- When the person is less than13 years old whether or not the age is known
- A misdemeanor of the 3rd degree unless previously convicted
- Note: A person cannot be convicted based solely upon the victims testimony unsupported by other evidence
- Gross Sexual Imposition
- Sexual contact with another person as stated above, but purposely touching the genitalia not through clothing
- Compelling to submit by force or threat of force, or by administering an intoxicant surreptitiously
- When sexual imposition occurs with person less than 12 years old
- A felony of the 3rd degree carrying mandatory prison time
- Sexual Battery
- No person shall [coerce] sexual contact with another under their authority
- A felony of the 3rd or 2nd degree depending upon the age
- Unlawful Sexual Conduct With a Minor
- No person shall have sexual contact with another when they are 18 or older and the other person/s is over 13 but less than 16 years old
- A felony of the 3rd or 4th degree unless the accused is less than 4 years older than the accuser (a misdemeanor of the 1st degree)
- Rape
- Engaging in sexual conduct through force or threat of force
- A felony of the 1st degree with a mandatory prison term of no less than 5 years
- If it is a repeat offense, the victim is impaired, or less than 13 year of age a prison term of up to life without parole
- Note: A person under the influence of drugs, alcohol, or sleeping will be interpreted as impaired
- Importuning
- Soliciting a person who is less than 13 years of age to engage in sexual activity
- A person who is 18 or older and more than 4 years older than the other person who is 16 or 17 years old
- A felony of the 2nd, 3rd, 4th, or 5th degree with a mandatory prison sentence
Written by The Law Office of Brian Jones, LLC
- Dr. Benjamin Jackoby
- Dr. Hank Jackoby
Resources:
Ohio Revised Code 2907
https://codes.ohio.gov/ohio-revised-code/section-2907.3
Ohio Revised Code 2925.02