Ohio Sexual Battery Laws

Sexual Battery in Ohio refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Ohio, sexual battery is codified in the law. According to the laws of Ohio;

• (1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.
• (2) The offender knows that the other person’s ability to appraise the nature of or control the other person’s own conduct is substantially impaired.
• (3) The offender knows that the other person submits because the other person is unaware that the act is being committed.
• (4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person’s spouse.
• (5) The offender is the other person’s natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.
• (6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.
• (7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school , and the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.
• (8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.
• (9) The other person is a minor, and the offender is the other person’s athletic or other type of coach, is the other person’s instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.

Penalties for Sexual Battery in Ohio 

The penalty for sexual battery has the following sentencing guidelines: Third Degree Felony with a 1-5 year prison sentence.

Defense of a Sexual Battery in Ohio 

The list of defenses for Sexual battery in Ohio here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Ohio  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.