Almost daily, news reports emerge about a family member, teacher, or even a medical professional or caregiver being accused of and facing sexual assault charges. However, what people and the media often overlook are the consequences for these individuals—the profound negative impact that such accusations can have on their lives, regardless of their innocence.
What Happens When Someone is Accused of Sexual Assault?
Sexual assault charges are the most devastating accusations that an individual can encounter. Once a sexual assault accusation is made and law enforcement is notified, a warrant is filed and the beginning of an investigation commences.
Being investigated or charged with a sex crime in Northeast Ohio is a matter that law enforcement takes very seriously. Ohio has its own DNA Unit, which examines evidence from various offenses, including sexual assault. Additionally, the state employs a BCI Sexual Assault Testing Protocol to re-analyze forensic evidence from sexual assault kits for verification before uploading DNA profiles into a secure database. If an investigating officer determines that a sexual assault may have occurred, they are advised to submit the sexual assault testing kit to the BCI for further laboratory analysis.
The BCI will use the information provided by the DNA Unit and/or investigation team to prioritize each case by immediate, high or regular priority in order to ensure each kit is analyzed in a timely manner.
Even assaults that may have happened years ago can be brought back to light as the BCI has also established a special task force that processes sexual assault cases for both closed and inactive investigations.
Due to the severity of and urgency of investigating sex assault charges, it is highly advised to contact an experienced sex crimes attorney at your earliest convenience to ensure that your rights are protected.
Only the Prosecuting Attorney Can Drop the Charges
Instances of false accusations of sexual assault are not uncommon. Regardless of the reasons behind these false allegations, many accusers are unaware that once a sexual assault complaint is made, they cannot withdraw it. Only the Prosecuting Attorney has the authority to decide whether to drop or pursue the charges. Furthermore, sex crimes cannot be expunged, meaning a conviction will remain on your public record for life.
Given these circumstances, it is essential to act quickly and contact an experienced criminal defense attorney like Edward La Rue as soon as possible to review the specifics of your case and advise you on the most effective course of action.
Sex Charges Have Major Consequences
As with most charges, the severity of the punishment for sexual assault is determined by the specifics of the crime, with more severe penalties typically assigned to higher degrees of the charge. However, unlike other offenses, a conviction for sexual assault in the State of Ohio not only results in a criminal record, substantial fines, and likely prison time but also requires the individual to register as a sex offender with state and local agencies. This sex offender registration can profoundly and negatively impact both your personal and professional life, like job opportunities and where you are allowed to live.If you are accused of committing sexual assault/battery, and/or rape, it is in your best interest to contact a criminal defense attorney with experience in sex crimes immediately so that they may begin the process needed to fight for your future.
Common Defenses Against Sexual Assault Charges
The following statements are common defenses used during sexual assault cases:
- Denial/False Accusation: Claiming that the accusation is entirely fabricated. This defense might involve presenting evidence that the accuser has a motive to lie or has made false allegations in the past.
- Consent: Arguing that the alleged victim consented to the sexual activity. This defense often hinges on demonstrating that the consent was clear, voluntary, and mutual.
With such dramatic consequences at hand, it is important to hire a sex crimes defense attorney who possesses the experience needed to help you identify any and all applicable defenses or mitigating factors pertaining to your particular situation.
Frequently Asked Questions About Sexual Assault Charges in Ohio
Here are some commonly asked questions about sexual assault charges:
What are the statutes of limitations for prosecuting sexual assault crimes in Ohio?
In Ohio, the statute of limitations for prosecuting sexual assault crimes varies greatly based on the specific offense, the age of the parties, and, most importantly, the facts of the crime or crimes alleged. In order to have the best understanding of what the statute of limitations might be in any case, advice should be sought from an experienced criminal defense lawyer with a specialty in the defense of sexual assault charges.
How is effective consent defined in Ohio for sexual acts?
In Ohio, effective consent for sexual acts is defined by several key criteria, emphasizing the importance of clear, voluntary, and informed agreement.
- Clear and Affirmative Agreement: Consent must be given through explicit words or actions that indicate a willingness to participate in the sexual activity. Silence, passivity, or lack of resistance do not imply consent.
- Capacity to Consent: A person must have the capacity to give consent. This means they should not be incapacitated due to drugs, alcohol, or any mental or physical condition that impairs their ability to make an informed decision. Incapacitation includes being asleep, unconscious, or otherwise unable to understand the nature of the act or communicate unwillingness to engage in the act.
- Voluntariness: Consent must be given freely and without coercion, force, threats, or manipulation. Any use of physical violence, threats, or intimidation invalidates consent.
- Specificity: Consent to one form of sexual activity does not imply consent to other forms. Each act requires its own clear and voluntary consent.
In Ohio, the Revised Code outlines that consent must be informed and unambiguous, and it cannot be assumed from a lack of resistance or prior relationships. This legal framework aims to protect individuals from non-consensual sexual activity and ensure that all parties are fully aware and agreeable to the sexual conduct taking place (Ohio Laws).
What should I do if I am falsely accused of sexual assault?
If falsely accused, it’s crucial to seek legal representation immediately. Do not contact the accuser or discuss the case with anyone other than your attorney. Gather any evidence that supports your innocence and follow your attorney’s advice carefully.
Contact Edward R. La Rue, Attorney at Law
If you’ve been charged with sexual assault, contact our sex crimes defense firm. Just fill in the form below, and we’ll message you to let you know we’ve got your request, and then we’ll call you either straight away or as soon as we’re out of the meeting we’re in.
"*" indicates required fields
