Sexual Imposition Lawyer in Columbus, OH
Under Ohio law, having sexual contact with another person against their will or when they are impaired from drugs or alcohol is considered a criminal act. A person accused of such acts—and others, as defined in the statute—could be charged with sexual imposition. This is a serious offense.
If you have been accused of sexual imposition, you face the possibility of a prison sentence, stiff fines, and multiple life-changing collateral consequences. Now is the time to retain legal counsel from a Columbus sex crimes lawyer who can ensure your criminal rights are not violated.
Joslyn Law Firm has the experience that makes a difference in defending this type of case. We have handled more than 20,000 criminal cases throughout Central Ohio. Our passion for protecting the rights of the accused pairs with deep knowledge of criminal law to obtain victories for our clients—as well as the respect of our peers.
Brian Joslyn, our principal attorney, has been awarded multiple times as one of the most highly skilled criminal defense attorneys in Ohio. SuperLawyers rating service for outstanding lawyers has named him a “Rising Star.” The National Academy of Defense Attorneys designated Joslyn one of the “Top 10” criminal lawyers in the state. Columbus CEO Magazine also named him a “Top Lawyer.” Joslyn has earned the prestigious Martindale-Hubbell AV Preeminent rating, which is the highest peer rating standard for attorneys.
Other members of our legal team bring invaluable insights to our clients’ defenses. Our talented team of attorneys includes a former Franklin County public defender.
Lawyer for Sexual Imposition in Columbus, OH
Many types of situations could prompt an accusation of sexual imposition. Often, the alleged offender in a sexual imposition case acted without even knowing that their actions constituted a criminal act. In other situations, the accusers have incorrectly identified the offender through a case of mistaken identity. In other cases, the accuser lies about the defendant’s sexual contact—perhaps out of anger, revenge, or with some other specific motive.
The attorneys at our firm know how to review the prosecution’s evidence and identify the weak spots in their case. Our intensive knowledge of Ohio’s criminal laws and court system enables us to mount a defense that makes the best strategic sense for a positive outcome.
Joslyn Law Firm’s lawyers have gained the respect of heavy-hitter media outlets, including NBC4, 10WBNS, ABC6, FOX23, The Plain Dealer, and The Columbus Dispatch. When their reporters are covering stories pertaining to Ohio’s criminal laws and judicial system, we are the ones they turn to for help.
Keep in mind that sex crimes, like sexual imposition, tend to be emotionally charged cases. A proper defense for someone accused of this crime must consider the personalities involved throughout the judicial process.
Our lawyers’ deeply rooted familiarity with Columbus and Ohio courts, judges, prosecutors, probation officers—even bailiffs and other courtroom staff—gives our lawyers a strong insight into how the people who will influence your legal outcomes think about the law, evidence, constitutional rights, second chances, and so on.
If you are being investigated or have already been arrested and/or charged with sexual imposition or gross sexual imposition, please know that anything you say to investigators and prosecutors can and will be used against you at trial. Please assert your right to remain silent, assert your right to legal counsel, and call Joslyn Law Firm.
Call Joslyn Law Firm today for a free consultation: (614) 444-1900.
Ohio Sexual Imposition Information Center
- Overview of Sexual Imposition in Ohio
- Penalties for Sexual Imposition in Franklin County
- Evidence for Sexual Imposition in Columbus
- Defenses Against Sexual Imposition Charges in Columbus, OH
- Launching Our Own Investigation into your Franklin County Case
- Resources for Sexual Imposition in Columbus, OH
- News about Sexual Imposition in Columbus
- FAQs about Sexual Imposition in Franklin County
- Sexual Imposition Lawyer in Columbus, OH
Overview of Sexual Imposition in Ohio
Ohio’s Revised Code criminalizes two types of behavior involving sexual contact—sexual imposition and gross sexual imposition. While each offense is generally based on the idea of engaging in unwanted sexual contact, key differences distinguish the two offenses, how they are charged, and the corresponding penalties for conviction.
Defining Sexual Imposition
Per Ohio Rev. Code § 2907.06, an individual may have committed sexual imposition if they had sexual contact with a person who is not their spouse, caused another person to have sexual contact with them, or caused two or more other persons to have sexual contact under any of the following circumstances:
- The alleged offender knew the sexual contact was offensive or the conduct was reckless.
- The alleged offender knew the other person’s ability to control the offender’s conduct was substantially impaired.
- The alleged offender knew the other person submitted because they were unaware of the sexual contact.
- The alleged offender was at least 18 at the time of the offense and four or more years older than the other person, and the other person was 13 at the time of the offense but less than 16 years old.
- The alleged offender is or was a mental health professional who induced a client or patient to believe the sexual conduct was necessary for treatment.
Explaining Gross Sexual Imposition
Ohio Rev. Code § 2907.05 differentiates from § 2907.06 on some key points. An individual can be charged with gross sexual imposition if they have sexual contact with a person who is not their spouse, cause another person to have sexual contact with them, or cause two or more other persons to have sexual contact in any of the following situations:
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- The alleged offender purposefully causes the other person to submit by force or threat of force.
- The alleged offender substantially impairs the judgment or control of the other person in order to prevent resistance through the use of any controlled substance by force, threat of force, or deception.
- The alleged offender knows the judgment or control of the other person is substantially impaired from a drug or intoxicant administered with the other person’s consent from surgery, treatment, or other medical or dental reason.
- The other person is less than 13, regardless of whether the alleged offender knew their age.
- The alleged offender knows the ability of the other person to resist or consent is substantially impaired from a mental or physical condition or advanced age.
A person can also be charged with gross sexual imposition if they knowingly touch the genitalia of another person, not through clothing, who is less than 12 years old, and the touching is done with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
Penalties for Sexual Imposition in Franklin County
Sexual imposition is punishable as a misdemeanor of the third degree, which can result in a jail sentence of up to 60 days and/or fines up to $500. If someone has previously been convicted of a sexual offense, a sexual imposition offense is punishable as a misdemeanor of the first degree, which can lead to 180 days in jail and/or fines up to $1,000.
Gross sexual imposition is a felony of the fourth degree and can result in a prison sentence from six to 18 months and/or fines, not in excess of $5,000. If the gross sexual imposition charge involves a person under the age of 13, it is a felony of the third degree and can result in a prison sentence from one to five years and/or fines up to $10,000. A conviction for this offense requires a mandatory prison sentence.
If the charge involves touching the genitalia of another person under the age of 12, the offense is punishable as a felony of the third degree and can result in a prison sentence from one to five years and/or fines not more than $10,000. This offense also requires a mandatory prison sentence.
Evidence for Sexual Imposition in Columbus
Most sex crime cases have at least one type of evidence in common: the alleged victim’s testimony. However, a prosecutor needs more than someone’s accusation of sexual imposition to convict you of this charge. In some cases, the alleged victims change their minds about pressing charges, and they no longer help the prosecutor toward this end.
For all these reasons, the prosecution likes to hedge their bets and bolster their case against you with as much evidence as possible. Common types of physical evidence the prosecuting attorney seeks in a sexual imposition case include:
- Clothing fibers
- Fingerprints
- Semen, blood, saliva, and other DNA evidence
- Hair follicles
- Bite marks
- Photos of injuries, including bleeding and/or bruising
Suppressing Evidence
As your lawyers, it is our job to challenge as much of the prosecution’s evidence as possible. If the circumstances warrant it, our lawyers will file motions to suppress key pieces of evidence based on, perhaps, unlawful search and seizure, failure to Mirandize, problems in the evidence chain of custody, or other ways in which your rights as a defendant were violated.
Under the doctrine of “fruit of the poisonous tree,” any time a judge throws out evidence, any evidence that would not have been discovered without the suppressed evidence is also thrown out. If the prosecution is left with insufficient evidence to prove the elements of the case, it could be dismissed, and all charges dropped.
Defenses Against Sexual Imposition Charges in Columbus, OH
Attacking evidence in a criminal case is often an effective defense strategy, as it places the burden of proof on the prosecution.
Our legal team will not necessarily devote our entire strategy to this defense. Several other defenses commonly associate with sex crime cases. Depending on the circumstances of the allegations against you, we could raise any of the following defenses:
The plaintiff consented
Sometimes, a person will consent to sexual contact but afterward, allege sexual imposition out of regret or fear. If the alleged victim consented to the sexual contact, the key elements of threat, force, or compulsion no longer apply.
There isn’t sufficient evidence against you
If the prosecutor does not have enough physical evidence to prove the elements of the offense beyond a reasonable doubt, your case could be dismissed.
The plaintiff was your spouse
With this statutory defense, our lawyers would present to the court that you and the alleged victim were married at the time of the sexual contact, which makes your actions legal.
The plaintiff mistook you for someone else
With this defense, our lawyers do not challenge that the offense occurred. Instead, we argue that someone else committed the criminal act, and the victim wrongly identified you as the offender.
One strategy we are not permitted to use in your defense is to paint a picture of the alleged victim as being promiscuous. Our lawyers can, however, present some aspects of the alleged victim’s sexual history to establish the facts of the case.
Launching Our Own Investigation into your Franklin County Case
Our legal team will talk to you about your version of events and conduct our own investigation of the alleged crime. This will include:
- Seeking character witnesses and witnesses at the scene who can corroborate your testimony
- Identifying holes in the alleged victim’s account of events
- Finding experts whose testimony would contradict the prosecution’s arguments
- Questioning delays in the alleged victim’s reporting of the alleged offense
Based on these efforts, we will determine which of these or other defense strategies would be the most effective in your case.
Resources for Sexual Imposition in Columbus, OH
Ohio Rules of Evidence | Supreme Court
Article IV § 5(B) of the Ohio Constitution gives the Supreme Court of Ohio the authority to “prescribe rules governing practice and procedure in all courts of the state.” The Rules of Evidence were promulgated by the Supreme Court and became effective on July 1, 1980. You can view the full text of rules relating to witnesses, hearsay, and expert testimony.
State v. Boggs (1992), 63 Ohio St.3d 418, 421, 588 N.E.2d 813
In 1992, the Supreme Court of Ohio reviewed this case involving the issue of whether the rape shield provisions of Ohio Revised Code § 2907.02(D) prohibits a defendant from cross-examining an alleged rape victim about prior false rape accusations she is alleged to have made.
The Supreme Court ruled that the state’s rape shield law “prohibits only evidence of ‘sexual activity’ of the victim.” “Because prior false accusations of rape do not constitute ‘sexual activity’ of the victim, the rape shield law does not exclude such evidence,” the Court ruled.
In 2012, Damon L. Bevly pleaded guilty to gross sexual imposition of a minor less than 13 years old. A police detective testified that he confessed and provided a recording of this confession, which was then considered corroborating evidence in the court.
Per Ohio Revised Statutes § 2907.05(C)(2)(a), the mandatory prison term must be sentenced if other evidence beyond the victim’s testimony is presented to corroborate the offense being tried. However, in State v. Bevly, it was argued that this notion is unconstitutional, as it allows the penalty provision “no rational basis for distinguishing cases with or without corroborating evidence,” as explained by Court News Ohio.
The Ohio Supreme Court ruled that it is unconstitutional for cases involving gross sexual imposition to be sentenced without due process. The latter allows the alleged offender to defend their case and present evidence that brings up other factors to be considered. These factors include the severity of the offense, whether they were likely to commit the offense, and whether there is evidence that proves they committed the offense.
Sex Offender Registry – Franklin County Sheriff’s Office
Franklin County Sheriff’s Office hosts a directory for people to search for sex offenders registered in their area. It also provides brief descriptions of legislation that detail victims’ rights in sexual offense cases, such as:
- Megan’s Law: State and federal officials are legally obligated to warn people about sex offenders in their neighborhood when they move into the area.
- The Adam Walsh Act: This act mandates that sex offenders must be categorized into one of three tiers based on the severity of their offense.
Franklin County Court of Common Pleas – Intensive/Juvenile Sex Offender
This page directs readers to the supervising probation officers for cases involving intensive high-risk juvenile sex offenders. Here, you can find telephone numbers, email addresses, and the main address of the division should you need to get in contact with one of the supervising probation officers.
State of Ohio v. Robert E. Robertson (2015)
In 2015, Robert E. Robertson challenged the definition of “sexual contact,” as defined in Ohio Revised Code § 2907.01(B), by questioning whether sexual contact applies to cases where the touching occurred over clothing. Robertson aimed to have his charges dismissed since the sexual contact did not involve touching bare skin.
However, the Ohio Supreme Court ruled that touching over clothing still fell under the statutory definitions of sexual contact and denied Robertson’s legal motion.
Victim Services Directory – Ohio Attorney General
Victims of sexual offenses can refer to the Ohio Attorney General’s directory of legal and nonprofit resources. This page provides information on organizations that work to help victims navigate legal systems or recover from the trauma they faced.
Listed resources include the Southwest Ohio Critical Incident Stress Management Team, Ohio Department of Rehabilitation and Corrections, and Mount Carmel Crime & Trauma Assistance Program (CTAP).
News about Sexual Imposition in Columbus
September 8, 2021
“Dublin Man Who Served Time for Collecting Urine Sentenced to Prison for Child Pornography”
CBS10 WBNS reports that Alan Patton of Dublin was sentenced to a minimum of five years in prison for possession of child pornography. The investigation leading to Patton’s arrest stemmed from a tip that the 69-year-old man was trying to find child pornography online.
As per the Reagan Tokes Act, Patton could serve as many as seven and a half years for pandering sexually-oriented material. Patton’s known criminal history began in 1994 when he pleaded guilty to gross sexual imposition against an eight-year-old child. For this charge, he was labeled a sex offender and served four years in prison.
August 30, 2021
“Ohio Man Who Fled Out West Sentenced for Rape of 4-Year-Old”
Jason Rowland was sentenced to life in prison without the possibility of parole for the 2012 rape of a four-year-old. CBS10 WBNS reports that Rowland had fled to Seattle to avoid charges. The Seattle Police Department helped the Ohio Attorney General’s Bureau of Criminal Investigation locate Rowland. He was arrested and extradited to Ohio and was convicted of rape of a victim under the age of 10 and one count of gross sexual imposition.
May 28, 2021
“Marriage Shouldn’t Negate Rape, Bill Supporters Say”
On May 28, 2021, supporters of House Bill 121 petitioned the House committee to remove a legal loophole for spousal rape, sexual assault, and other sex-related crimes, the Ohio Capital Journal reported. One supporter, Heather McComas-Harrison, spoke on the double standards of spouses being absolved of their crimes because of their marriage licenses.
Other bill supporters included the Ohio Domestic Violence Network and Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association, who commented that spouses should not be treated differently from other individuals who commit sexually related offenses against their partners.
May 6, 2021
“Ohio Democrats Want to Extend Statute of Limitations on Rape Cases”
The Cleveland Scene reported that Reps. Tavia Galonski (D-Akron) and Jessica Miranda (D-Forest Park) introduced a bill that proposes expanding the statute of limitations on cases involving rape, sexual battery, gross sexual imposition, and other sex-related crimes. In their bill, any time limits for filing charges or civil action lawsuits would be eliminated.
The bill also aims to remove a legal loophole that exempts spouses from being charged with sex-related crimes. It proposes removing the phrase “not the spouse of the offender” from laws about sex-related crimes, including gross sexual imposition.
June 18, 2019
“Local Lawmakers Propose More Protections for Sexual Assault Victims of Doctors”
The Columbus Dispatch reported that Franklin County Reps. Kristen Boggs and Erica Crawley, Sen. Hearcel Craig, and Sen. Stephanie Kunze introduced a bill that proposed placing more protections for sexual assault victims of health care professionals. They advocate that health care professionals should be given harsher punishments for sex-related crimes, given their role in the provider-patient relationship.
The bill adds several new health care roles to Ohio’s statute on gross sexual imposition crimes and suggests that culprits should be subjected to six to 12 months in jail for offenses to victims aged 18 and older, 12 to 60 months in prison for offenses to victims aged between 13 and 18, and two to eight years in prison for offenses to victims younger than age 13.
October 25, 2017
“Juvenile Court Can Dismiss Sexual Crimes Committed by Young Children”
Court News Ohio reported that the Ohio Supreme Court ruled that juvenile court is allowed to dismiss cases involving gross sexual imposition where the person charged with the offense is a minor who “engages in sexual conduct with a child close in age.”
The state Supreme Court made this decision after reviewing a case where a Franklin County Common Pleas Court judge dismissed a delinquency charge against a minor (aged 12), who was facing charges for engaging in sexual activity with another minor of similar age. The court believed the judge did not abuse his power and was within their right to dismiss the case.
FAQs about Sexual Imposition in Franklin County
Q: Can I Be Charged With Sexual Imposition if I Am the Accuser’s Spouse?
A: Currently, under Ohio Revised Code § 2907.05, spouses cannot be charged with gross sexual imposition against each other, provided they were considered legally married at the time of the alleged sexual act.
If you have evidence that you were married to your partner at the time of the alleged offense, such as through a marriage certificate, our lawyers may use this as a viable defense for your case. However, this rule does not apply if you were separated or legally divorced from your partner at the time of the alleged offense.
Q: What if I Did Not Know I Was Committing Sexual Imposition?
A: You may be able to claim “lack of knowledge” as a defense against sexual imposition charges. In these types of cases, the prosecution must be able to prove you were aware of the offense you were committing.
A lawyer from our team may be able to argue that you were unaware that your actions could be considered sexual imposition or offensive in general. This can also be supported if you can prove that the alleged victim never expressed their lack of consent, which would have made you aware of how your actions were being interpreted.
Q: What if the Alleged Victim Gave Verbal Consent?
A: The efficacy of using verbal consent as a defense varies by case, but in certain cases, it is not a viable defense. For example, verbal consent might not be considered a viable defense if your case involves:
- A minor younger than 13 years of age who cannot legally give consent
- A person who is not capable of giving consent, such as someone with mental or physical limitations
- A person who was threatened by force to consent to the alleged sexual act
- A person who was intoxicated by alcohol or drugs at the time of the alleged sexual act
Q: Will the Alleged Victim’s Sexual History or Reputation Be Considered in the Case?
A: The alleged victim’s sexual history or reputation generally comes into play in sexual imposition cases to establish certain facts about the case (e.g., the origin of how the alleged victim contracted a disease, obtained semen, or became pregnant) or expand on their sexual history in relation to you.
As a method to portray the alleged victim as complicit during the sexual act, it may be dismissed. Evidence must focus on the facts surrounding the case. Any information that deviates from the alleged offense does not take away from the possibility that the offense still happened.
Q: Would I Have to Register as a Sex Offender if I am Convicted of Gross Sexual Imposition?
A: Yes. If you are convicted of gross sexual imposition, you must register yourself as a sex offender, per the Sex Offender Registration and Notification Act (SORNA).
Sexual Imposition Lawyer in Columbus, OH
If you have been charged with a sexual imposition offense in Columbus, Ohio, contact Brian Joslyn of Joslyn Law Firm to discuss the facts of your particular case. Brian Joslyn is an experienced Columbus sexual crime attorney who will make every effort to help you find the best possible outcome for your particular situation.
Call Joslyn Law Firm at (614) 444-1900 for a free consultation about your alleged sexual imposition charges in Franklin County and the surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County in Ohio.
