what is gsi charge?
Ohio law makes it a felony to engage in sexual contact with another person against their will. Unfortunately, these cases can be complicated, and often, the defendant does not even understand the scope of the laws that have resulted in their indictment. If you have been arrested or charged with gross sexual imposition in Cincinnati, Ohio, our lawyers will protect your rights. We believe in obtaining the best outcome for your case and have the experience to make this happen.
Joslyn Law Firm has handled more than 20,000 criminal cases in Ohio. Our law firm has gained national recognition from judges, attorneys, and the legal industry in general, for our knowledge, experience, and professionalism. Our principal attorney, Brian Joslyn, is listed in the Bar Register of Preeminent Lawyers. His ethical standards, legal expertise, and communication skills have earned him the prestigious AV Preeminent award.
Apart from this, Joslyn has received multiple awards, including the honor of a “10 Best Attorney” from the American Institute of Criminal Law Attorneys and the “Rising Star” designation from the renowned Super Lawyers attorney rating service.
We know how overwhelming it is to have your decency and reputation challenged, and the possibility of serving time in prison can be particularly daunting. It is important that you not give up hope. Our lawyers know how to defend against sex charges, and we will put our knowledge and experience to work in defending your case.
Our gross sexual imposition attorneys in Cincinnati, OH will investigate your case and review the prosecution’s evidence to determine which defense strategies would be most effective. We aim to have your case dismissed or the charges against you dropped or reduced. Possibly, we could dismantle the prosecution’s case by suppressing key pieces of evidence. This could work especially well if investigators violated your Fourth Amendment right to privacy.
We could challenge witnesses’ credibility, present an alibi, or argue a case of mistaken identity. These are just a few examples of strategies that could work to bring about a positive outcome for you. We have used similar strategies to achieve results for previous clients.
The facts of your case will determine how we attack it. We have all the knowledge of Ohio’s criminal laws necessary to fight the charges against you. In fact, our legal team has become a regular subject matter expert for journalists from 4 NBC, 6 ABC, 28 FOX, and 10 WBNS, The Plain Dealer, and The Columbus Dispatch.
Let the gross sexual imposition lawyers at Joslyn Law Firm be the subject matter experts who help you come through this legal challenge as best as possible. Call us today for a private no-obligation consultation at (513) 399-6289.
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Ohio’s laws regarding gross sexual imposition appear in the Ohio Revised Code § 2907.05. According to the statute, it is illegal for a person to have sexual contact with another person (except their spouse) or cause someone (other than their spouse) to have sexual contact with them, or make two or more people have sexual contact in the following situations:
Ohio Revised Code § 2907.05 also defines the act of intentionally touching another person’s genitalia as gross sexual imposition under the following circumstances
Ohio law states that an act of gross sexual imposition generally constitutes a fourth-degree felony. However, if the alleged offender administered a controlled substance to the victim, the crime becomes a third-degree felony.
If the other person is under the age of 13, the charge is automatically elevated to a third-degree felony.
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If an Ohio court convicts you of gross sexual imposition, the penalty depends on how the offense was charged. Depending on the circumstances of your case, the crime would be charged as either a fourth-degree felony or a third-degree felony. Ohio Revised Code § 2929.14 outlines the penalties for each charge as follows:
Ohio law further requires a mandatory prison term for gross sexual imposition if the alleged victim is under the age of 13 and the offender has a previous conviction or plea of guilty to rape. This also holds true for former cases of felonious sexual penetration, sexual battery, and gross sexual imposition when the alleged victim is younger than 13 years of age.
The state requires in these instances—for acts allegedly committed after Aug. 3, 2006—the prosecution must have submitted evidence other than the alleged victim’s testimony.
On top of these penalties and fines, if you are convicted of gross sexual imposition, you could be stripped of multiple civil rights. Your reputation will be forever tainted, and you will have to register as a sex offender. This conviction would affect you for the rest of your life.
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DNA—from saliva, hair, skin, or semen—can serve as the “star evidence” in any sex crime case. However, other types of evidence can play an equally influential role for the prosecution. An article from the National Institute of Justice (NIJ) outlines the importance of non-DNA evidence, with examples like:
The prosecution does not need to prove that the victim physically resisted sexual contact to make their case. Furthermore, under Ohio law, our defense team cannot bring up the alleged victim’s history of sexual activity, including any opinions or reputation evidence of sexual activity. However, prosecutors can present evidence that corroborates the offense and/or ties you to the crime.
Examples include evidence of disease, pregnancy, or the origin of semen. The law restricts such evidence only when it is not material to a fact at issue, and its probative value does not outweigh the inflammatory or prejudicial effect the evidence would have on the jury.
Due to the sensitivity of this type of evidence, a court must first consider admissibility before it can be entered into evidence. This review occurs in chambers during a preliminary hearing no fewer than three days before trial.
Ohio Revised Code § 2901.13 defines the statute of limitations for the crime of gross sexual imposition. According to the statute, Cincinnati prosecutors must begin prosecuting your case within 20 years after the alleged act, conspiracy, attempt, or complicity to commit the act occurred.
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If you have been charged with gross sexual imposition, rest assured that our legal team has the experience, knowledge, and commitment to build a sturdy defense on your behalf. Our gross sexual imposition attorneys will conduct our own investigation of the alleged offense and review the prosecution’s case and evidence against you.
Some of the potential defenses to your sex charges include:
Because “force” is a necessary element of gross sexual imposition, if both parties voluntarily engaged in sexual contact, no crime has occurred. This defense applies only if all parties are over 16 years of age.
It is not uncommon for a person’s recollection to be thrown off in the course of a traumatic event. This is often true with sex crimes, and it could lead to an innocent person being charged with something they did not do.
Other circumstances—like poor lighting or the victim’s senses being impaired by a controlled substance or intoxicant—can also contribute to a mistaken identity defense. If our attorneys can raise reasonable doubt in this regard, we could get the charges against you dropped or the case dismissed.
With this defense, our lawyers assert that the crime simply did not happen. This defense comes down to challenging the credibility of the accuser, who our lawyers could portray as exaggerating or lying. A number of circumstances could prompt a person to accuse another of gross sexual imposition when the offense never took place.
In the case of a minor, it sometimes happens that another adult persuades the child to make this false accusation. Our legal team will analyze the evidence and identify any weaknesses we can underscore to convince a jury that the crime did not occur.
Law enforcement officers, investigators, and prosecutors must comply with rules that protect your Constitutional right to privacy and against unreasonable searches and seizures.
For example, if police obtained evidence by unlawfully entering and searching your home without a warrant or probable cause, our lawyers could file a motion to suppress the evidence—along with any evidence that surfaced as a result of the unlawfully obtained evidence. This could quickly dismantle the prosecution’s case and lead to a dismissal.
Any evidence collected in a criminal trial must follow a rigid procedure for collection, transfer, and storage. This is called the chain of custody, and it leaves a paper trail that our attorneys can analyze to check for violation of procedure.
In a case of gross sexual imposition, DNA evidence often plays a role in the prosecution’s case. If the DNA is not properly stored or tested in a timely manner, our team will raise the chain of custody defense and move that the court suppress this evidence. Without particularly significant evidence, the prosecution’s case can easily fall apart.
By submitting an alibi, our legal team tells the court that you could not have committed the act of gross sexual imposition because you were somewhere else at the time the alleged offense took place. According to the Ohio Revised Code § 2945.58, your defense attorney has the right to establish an alibi on your behalf, provided we serve notice to the prosecuting attorney within seven days of our intent to claim the alibi.
After a thorough investigation of all the facts and evidence, our sexual imposition lawyers will put a solid defense strategy to work in your case.
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This University of Cincinnati (UC) page acknowledges that students, faculty, and staff at the school have reason to be concerned about sex crimes on campus. The site defines the various types of sex crimes—as well as dating violence and stalking—and encourages victims of such offenses to report their experiences to the UC Police. This page provides contact information for various sex crime resources on campus and also offers steps that victims might consider taking after an incident.
The Ohio Criminal Sentencing System publishes this Felony Sentencing Reference Guide. You can peruse this document to gain an understanding of the state law that governs how Ohio courts sentence felony offenses. The guide explains what judges consider at each phase of the sentencing procedure. It also presents Ohio Supreme court opinions, as well as legislative revisions to the state sentencing scheme and process.
Ohio Attorney General Dave Yost provides this booklet for victims of violent crimes throughout the state. Here, victims of gross sexual imposition and other violent crimes can learn how to navigate Ohio’s criminal justice system. The document also explains victims’ rights and the process they should follow when applying for compensation.
Cincinnati police often struggle to cut through the “no snitch” mentality that prevents witnesses from stepping forward with information about a crime. This roadblock exists just as much with sex crimes like gross sexual imposition as it does with drug- and gang-related offenses.
You can visit this site to learn about Cincinnati Citizens Respect Our Witnesses (CCROW), a support program for witnesses and their loved ones. CCROW was developed by the Cincinnati Police Department, which continues to oversee the program.
The Hamilton County Prosecuting Attorney’s Office has a Sexual Offender (SO) Unit that helps the Hamilton County Sheriff’s Department handle registration requirements and residences of registered sex offenders throughout the county. The unit employs an assistant prosecuting attorney and an investigator to prosecute and monitor offenders and enforce residency restrictions and registrations. This web page links to court and judge resources and provides a link to a searchable Hamilton County sex offenders database.
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A grand jury indicted an employee at a Warren County, Ohio, nursing home on three counts of rape and three counts of gross sexual imposition, reports Local12 News. The alleged victim in this case marks the second to accuse Godbless Uwadiegwu of sex crimes. Previously, a nursing home patient alleged that the nursing assistant had kissed, licked, and fondled the patient’s breast. The criminal acts were said to take place at Traditions of Deerfield. Uwadiegwu is being held on a $150,000 bond.
July 29, 2021
A Cincinnati man charged in Hamilton County with 11 counts that include rape, gross sexual imposition, and kidnapping now faces a 26-count indictment for sex crimes in Campbell County, Kentucky. The man, William Blankenship, faces accusations of sodomy, rape, burglary, kidnapping, sexual abuse, and unlawful transactions with a minor.
One of Blankenship’s victims was 14 years old when he began attacking her, and two others were 11 and 13 years old. It is believed that additional victims live in the greater Cincinnati area. The man is being held on a $1 million bond for the charges brought in Campbell County.
July 27, 2021
A man serving a 16-year prison term for raping a 6-year-old child has been indicted on charges involving another juvenile victim. Cazembeode Barham faces three new counts of rape and one count of gross sexual imposition. The new charges connect to a family acquaintance who alleges that Barham raped her in 2017.
In the former case, Barham told investigators that the minor wanted to take part in the sexual acts. The man pleaded guilty to two charges out of six counts of rape. Instead of serving 48 years in prison, the plea resulted in a shortened, 16-year sentence.
July 22, 2021
John Hendricks of Forest Park faces allegations of molesting four young girls. According to Local 12 WKRC, the man has been charged with rape and gross sexual imposition. He was arrested and held on a $300,000 bond.
Hendricks knew the girls through family connections. Allegations include his touching the girls’ genitals on multiple occasions, touching a 12-year-old girl’s breasts, pulling out his penis, and asking a girl between 6 and 8 years old to perform oral sex on him.
July 19, 2021
The family of 18-year-old high school football star Crosley MacEachen posted a $100,000 bond to free the teen before his pretrial hearing, according to the Cincinnati Enquirer.
MacEachen was charged with rape, gross sexual imposition, and sexual battery after a girl said she woke up on December 6, 2020, with MacEachen on top of her, having sexual intercourse with her. The teen athlete played football at Cincinnati Hills Christian Academy and had signed to play at the University of St. Francis in Fort Wayne, Indiana.
On separate occasions, Ohio State Trooper Christopher Ward allegedly had sexual contact with an adult victim and with a minor victim, both through force or threat of force. Ward was indicted on charges of gross sexual imposition and fired. Ohio Attorney General Dave Yost put out a call for tips and asked any other victims to step forward. In response, another woman called the office saying she, too, was a victim of Ward’s criminal sexual activities.
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If you are convicted of gross sexual imposition in Cincinnati, your life could be changed forever. This offense, which is charged as a felony, could send you to prison for several years. Even on your release, you will face collateral consequences that make it difficult to find employment or housing or to retain child custody or visitation rights.
Do not take an investigation of gross sexual imposition lightly. Call our lawyers serving Cincinnati to guide you through the judicial process and ensure your rights are not violated. Call Joslyn Law Firm today for a free consultation: (513) 399-6289.
Gross sexual imposition, which is commonly referred to as GSI is a serious felony charge in the state of Ohio. Unlike rape, which is nonconsensual intercourse or oral sex, gross sexual imposition involves the nonconsensual sexual contact of another person's erogenous zones.
Sexual imposition is a misdemeanor-level Ohio sex offense that criminalizes unwanted “sexual contact” when the contact is coerced, offensive, and/or the victim cannot appraise the nature of the situation. There are five categories of sexual imposition in Ohio, and it is often a lesser included offense of certain felony-level Ohio sex crimes such as rape, sexual battery, and unlawful sexual conduct with a minor (statutory rape). Ohio’s sexual imposition statute is unique, however, in that it explicitly prohibits conviction on the victim’s testimony alone. Instead, Columbus prosecutors must support an Ohio sexual imposition charge with additional, admissible evidence sufficient to prove each element of the offense.
Columbus criminal defense attorney Brian Joslyn and his team of experienced Ohio sex crimes defense attorneys understand that sex crimes defendants are often considered “guilty until proven innocent.” At the Joslyn Law Firm, we know that even a minor Ohio sex offense conviction can have life-changing consequences. From designation as an Ohio sex offender to loss of your job and prison time, defendants should never take sexual imposition charges lightly. If you’ve been accused of sexual imposition under Ohio Code Section 2907.06, contact the Joslyn Law Firm’s experienced sexual imposition criminal defense lawyers online or at (614) 444-1900 for your free, confidential defense consultation.
Ohio sexual imposition, while only a misdemeanor, is still a sex crime. Sexual offenders face serious direct and collateral penalties associated with an Ohio sex crimes’ conviction, including loss of child custody, jobs, scholarships, and professional licenses. It is legal to discriminate against sex offenders in Ohio, and a lifetime of collateral consequences may be more serious than the direct punishment for sexual imposition itself. Consult the Joslyn Law Firm’s Columbus Information Center for Sexual Imposition Charges (Ohio Code Section 2907.06) to learn more about the criminal elements, penalties, and defenses to sexual imposition charges in Columbus. For questions about a specific case, consult an experienced Columbus sexual imposition defense attorney at the Joslyn Law Firm directly.
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“Sexual imposition,” as criminalized by Ohio Code § 2907.06, is the crime of having or causing another to have nonconsensual “sexual contact” with another. Nonconsensual sexual contact includes direct objection to the contact as offensive or implied non-consent by virtue of the victim’s age, diminished mental capacity, or the offender’s undue influence over the victim. Unlike rape, sexual battery, and unlawful sexual conduct with a minor, which require the parties to engage in some type of sexual intercourse, Ohio Code § 2907.06 criminalizes any and all “sexual contact,” not just sexual conduct (sex). In Columbus, sexual imposition is the legal term for sexual molestation, and gross sexual imposition includes child molestation.
Sexual contact is defined as touching any person’s “egregious zone” for sexual arousal or gratification. The statute includes a non-exclusive list of body parts that qualify as egregious zones under Ohio law:
However, Ohio law leaves the door open to prosecute unlawful sexual contact with any medically recognized egregious zone for the purpose of sexual gratification. These unlisted zones may include:
The purpose of the contact is central to defining whether the touching qualifies as sexual imposition in Ohio. If the unlawful contact is made in a zone that can produce arousal or a sexual response in either party, it may be punishable as sexual imposition in Ohio. The contact may be made with any body part or item.
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Ohio prosecutors have the burden of proving every element of sexual imposition under Ohio Code § 2907.06 beyond a reasonable doubt. Further, Ohio Code § 2907.06 prohibits prosecutors for using solely “the victim’s testimony unsupported by other evidence” to prove these elements. Admissible evidence of each of the following elements must be submitted to prove sexual imposition in Ohio:
The five categories of sexual contact that qualify as criminal sexual imposition in Columbus are as follows:
Unless all the qualifying elements of the offense are present, it is not sexual imposition in Ohio but may still be punishable as another Ohio sex crime.
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Sexual imposition and gross sexual imposition are different crimes in Ohio with overlapping elements. Sexual imposition, a misdemeanor, is criminalized by Ohio Code § 2907.06, and gross sexual imposition, a felony, is criminalized by Ohio Code § 2907.05. Gross sexual imposition has the same base elements of sexual imposition but lists five different (more severe) categories of conduct the sexual contact must fall under to qualify as gross sexual imposition:
In addition, gross sexual imposition separately criminalizes any person from knowingly/intentionally touching the genitalia of a child (less than 12 years old) under their clothing for any improper purpose, including to:
This is the Ohio provision criminalizing child molestation, and sexual imposition under § 2907.06 is often a lesser included offense of gross sexual imposition.
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Columbus had dedicated sexual assault investigators and prosecutors called upon to handle sexual assault investigations. Sexual imposition and gross sexual imposition are often lesser included offenses of more serious sex crimes such as rape, sexual battery, and statutory rape. If prosecutors are unable to prove the essential elements of rape at trial, a jury may still find the defendant guilty of a lesser included offense, such as sexual battery or gross sexual imposition. Sexual assault prosecutors may also drop felonious sex crimes charges in exchange for a plea of guilty to the lesser included offense of sexual imposition. As a misdemeanor, pleading guilty to sexual imposition charges alone carries far less direct and collateral consequences than a Columbus felony sex crimes conviction.
For those charged only with sexual imposition under § 2907.06, prosecutors may lack the DNA evidence common in rape and sexual battery cases. However, sexual penetration is not necessary for sexual imposition charges and evidence of inappropriate sexual contact is often lacking. Ohio does not permit a victim’s testimony alone to form the basis of a sexual imposition conviction, and defendants are not required to testify in criminal prosecutions due to the Fifth Amendment’s protection against self-incrimination. The gross sexual imposition statute further prevents the parties from using certain evidence in sexual imposition cases such as:
This limits the type of evidence both parties may use to prosecute and defend against sexual imposition charges. The most common evidence utilized to corroborate a victim’s testimony in sexual imposition prosecutions includes:
To clarify, prosecutors may use the victim’s testimony as the basis to bring Columbus sexual imposition charges. They simply cannot use his/her testimony alone to obtain a conviction. Additional, admissible evidence must be presented to corroborate pieces of the victim’s testimony and lend to his/her overall credibility. Even if the victim’s testimony is the only evidence available to prove one element of the crime, it’s admissible to do so provided other evidence is used to support a conviction. Speak with an experienced Columbus sexual imposition defense lawyer today to discuss what type of evidence is permissible in Ohio sexual imposition cases.
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The Ohio rape and gross sexual imposition statutes contain provisions central to protecting the emotional interest of Columbus sexual assault victims, especially children. These evidentiary provisions are not contained within the sexual imposition statute (§ 2907.06), but many Columbus judges voluntarily follow the guidelines set forth in the gross sexual imposition statute for all sex crimes prosecutions. The following are some of the special considerations given to victims and/or child victims of Ohio sex crimes:
Many of these concessions are ordered by the judge during sexual imposition cases, but some are required by statute for certain prosecutions. Others, such as permitting the victim to testify via closed-circuit television, may require the defendant to waive his/her Sixth Amendment right to confrontation. An experienced Columbus sexual imposition defense attorney will know how to best manage sexual imposition cases with child victims in a way that balances the victim’s rights, the defendant’s rights, and makes the best impression on the court.
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Sexual imposition under Ohio Code § 2907.06 is punishable as a misdemeanor in the third degree unless an applicable sentencing enhancement is applied. Third-degree misdemeanors are punishable by not more than 60 days imprisonment and/or a fine up to $500. If the offender has previously been convicted of a qualifying Ohio sex offense, then sexual imposition is a misdemeanor in the first degree. First-degree misdemeanors are punishable by not more than 180 days (6 months) imprisonment and/or a fine of $1,000. However, if the offender has three or more previous Ohio sex offense convictions, the judge may impose a sentence of up to a year imprisonment.
In addition to possible imprisonment and financial penalties, those convicted of sexual imposition in Columbus may be sentenced to:
Gross sexual imposition is a felony in Ohio, and the penalties for the same are severe. Consult the Joslyn Law Firm’s experienced gross sexual imposition and child molestation defense lawyers for more information about the direct and collateral penalties for gross sexual imposition and related sex crimes in Columbus.
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Sexual imposition is a sexually oriented offense, as defined by Ohio’s sexual predator code. As such, those convicted of sexual imposition under § 2907.06 are considered Tier I sex offenders in Ohio. Tier I sex offenders are required to register on the Ohio Sexual Offender Registry. The collateral consequences of registration are serious and often include the following severe restrictions:
It’s often the indirect penalties of a sexual imposition conviction that overwhelm Columbus sexual offenders. The only way to avoid the direct and collateral consequences of a sexual imposition conviction is to avoid a conviction altogether. There is no exception to registration on the Ohio sexual offender registry.
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Experienced Columbus sexual imposition defense lawyers will raise all available procedural, constitutional, evidentiary, and affirmative defenses applicable to Ohio sexual imposition charges. Some defenses, such as constitutional and evidentiary defenses, are available regardless of whether the evidence otherwise supports a guilty verdict. More commonly, Columbus sex crimes defense attorneys will attack the weakest element of the prosecution’s sexual imposition case. The following common defenses to sexual imposition charges in Ohio are raised to prove the defendant cannot be found guilty under the Ohio sexual impositions statute:
Presenting a strong defense during investigation, prosecution, and/or trial may be enough to prevent prosecutors from filing sexual imposition charges or convincing them to drop the same.
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The following are among the most common questions our experienced Columbus sex assault defense lawyers are asked about Ohio sexual imposition charges.
1. What is sexual imposition in Ohio?
Sexual imposition is an Ohio sex offense punishable as a first-degree misdemeanor often used to prosecute cases of sexual molestation in Columbus. Sexual imposition charges are filed when a victim alleges he/she was touched or forced to touch another in a sexually egregious zone for purposes of sexual arousal when he/she was underage or otherwise unable to give informed consent to the contact.
2. What does GSI mean in Ohio court?
Gross sexual imposition (“GSI”) is a different crime than sexual imposition despite similarities between the two offenses. GSI is charged in cases of child molestation or when the contact was forced by actual or threatened harm. GSI is a felony, not a misdemeanor in Ohio. Sexual imposition is often a lesser included offense of GSI in Columbus.
3. What is the difference between sexual imposition and gross sexual imposition?
It is almost always necessary to commit the crime of sexual imposition under Ohio Code Section 2907.06 to be found guilty of gross sexual imposition. Instead of using sentencing enhancements to criminalize more egregious forms of sexual imposition, gross sexual imposition is a different felony-level offense in Ohio. While sexual imposition criminalizes offensive sexual contact between adults, sexual contact between adults and certain minors, and having sexual contact with an impaired or unwitting victim, GSI under Ohio Code Section 2907.05 essentially criminalizes sexual molestation against helpless victims, i.e., children, the elderly, the ill, the physically weak, and when the contact is physically forced. GSI also separately criminalizes child sexual molestation. GSI is always a felony in Ohio, while sexual imposition is a misdemeanor.
4. What is the penalty for gross sexual imposition in Ohio?
GSI is always a felony in Ohio. It is a felony of the third or fourth degree depending on the facts of the case with certain mandatory minimum prison sentences when the victim is a child. The mandatory minimum is typically about 2.5 years for child GSI offenders, but the offender’s sentence for GSI can range anywhere from 6 months to 5 years imprisonment and thousands of dollars in fines.
5. Does a sexual imposition conviction require sex offender registration?
Yes. Those convicted of sexual imposition in Ohio are Tier I sex offenders and must register on the Ohio sex offender registry for a period of years. Those convicted of GSI when the victim is not a child are considered Tier II sex offenders, and those convicted of GSI against a child victim are often Tier III sex offenders.
6. Are there ways to defend against sexual imposition charges?
Yes. The sexual imposition statute only criminalizes certain knowing forms of “sexual contact,” as specifically defined by the Ohio Code. Marriage, lack of knowledge, and unintentional contact are all defenses to sexual imposition in Ohio. Further, a lack of corroborating evidence is also a complete defense to Ohio sexual imposition charges under Section 2907.06.
7. Should I plead guilty to sexual imposition charges?
It depends. Sexual imposition is often a lesser included misdemeanor offense to certain serious felonious sex crimes such as rape, sexual battery, statutory rape, and GSI. It may be beneficial to plead guilty to misdemeanor sexual imposition charges if prosecutors are offering to drop serious felony charges in exchange. However, never plead guilty before discussing your case with an experienced Columbus sex crimes defense attorney and having him/her review the evidence and any plea deal offered. If you have a complete defense to the charges against you or are innocent thereof, you should not plead guilty to a sex crime in Ohio.
8. How can a sexual imposition defense lawyer help?
Those charged with sexual imposition in Ohio are never required to speak with police officers or give incriminating testimony, and this lack of testimony cannot be used against them in court. Defendants without an experienced Columbus sexual imposition defense attorney often think speaking to police will help their case but may unwittingly provide the small piece of corroborating evidence necessary to bring sexual imposition charges. A Columbus sex crimes defense lawyer can review the facts of your case and raise any applicable defenses to sexual imposition charges in Ohio. He or she may also be able to negotiate a favorable plea deal with Columbus prosecutors.
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Many Ohio victims of sexual imposition were children at the time of the offense and may be dealing with the effects of sexual trauma years later. Unfortunately, family members and family friends are often the perpetrators of sexual imposition. Sexual imposition may be unwitting, unintentionally, or simply occur due to a misunderstanding between the parties. Regardless, both victims of sexual imposition and those charged with sexual imposition in Ohio shouldn’t be afraid to seek professional help. The following resources are available for those struggling to overcome sexual molestation and sexual molestation charges in Columbus:
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In Ohio, a gross sexual imposition is when a person engages in sexual contact with another individual against their will. Gross sexual imposition cases in Ohio can be complicated and often involve victims who have been impaired by alcohol or drugs.
At Bleile & Dawson, we understand how scared and overwhelmed you might be feeling. Understand now, whatever the circumstances surrounding your case, our experienced team of Cincinnati defense lawyers are ready to offer you the compassionate, legal support you need. Our team is available 24/7 to hear your side of the story and provide legal counsel.
Ohio Revised Code (ORC 2907.05) states gross sexual imposition is anyone who engages in sexual contact with another who is not their spouse, or causes another who is not their spouse to engage in sexual contact against their will, or causes two or more individuals to have sexual contact under the following conditions:
If you are found guilty of gross sexual imposition, it is a fourth-degree felony. You could face up to 18 months’ imprisonment or probation. Those guilty of sexually oriented offenses are required to register in-person as a sex offender.
If sedatives, alcohol or other substances were used in conjunction with the gross sexual imposition, or if the victim was less than 13 years old, it is a third-degree felony. You face between 1 and 5 years of imprisonment. You would not be eligible for probation alternatives if there was other evidence in addition to the testimony of the victim to substantiate the crime and/or the offender had a prior sex offense on record with an individual less than 13 years old.
A gross sexual imposition conviction in Ohio can carry significant, life-altering consequences in addition to extensive prison time, fees and fines. A conviction of this magnitude remains on your record for the rest of your life, impacting your ability to rent an apartment, get hired for a job, or visit certain places.
A conviction of a sex offense means you must register as a sex offender. Based on the severity of your offense, you will be classified as a tier 1, tier 2 or tier 3 sex offender.
Below is a summary of the Ohio Tier Classification of Registered Sex Offenders chart.
Every day innocent people are convicted of sex crimes due to ineffective lawyers. Don’t let this be you! At Bleile & Dawson, we are backed by over 20 years of collective criminal defense experience and are available around the clock for you. Our approach to defending those charged with gross sexual imposition and other sex offenses include the following strategies.
First, your Cincinnati attorney will examine whether the charges brought are within the statute of limitations. The statute of limitations on sex crimes exists to protect the accused individual from having to defend themselves against a crime committed so long ago the evidence could be misconstrued or testimony misremembered.
Next, your legal team can examine the motivations and background of the accuser. Often sex crimes cases are built upon the word of your accuser with little evidence to substantiate their claim. Through proper investigation and psychological examination, our team can compile evidence that provides reasonable doubt the crime was committed.
Under R.C. 2907.05 of the Ohio Revised Code, the prosecution must prove the charge of gross sexual imposition either under part A or B of the follow sections of the statute:
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when:
• the touching is not through clothing;
• the other person is less than twelve years of age, whether or not the offender knows the age of that person; and
