There are few criminal charges that carry as much weight as a rape allegation, and people accused of this crime can see their entire lives turned upside down when charged with this crime. Rape is universally viewed as one of, if not the worst sex crime a person can commit, and prosecutors will aggressively pursue enhanced criminal penalties for alleged offenders.
For a person who is accused of a rape crime, there can be an extraordinary amount of confusion in some cases, especially when a person believed that their sexual encounter was consensual. Many people find themselves in these kinds of spots and it is immediately distressing to try and think of how to prove that there was no criminal intent in a sexual encounter, which is why all alleged offenders need to find strong criminal defense attorneys who can defend their rights.
If you were arrested or believe you are being investigated for an alleged rape in the Columbus area of Franklin County, you cannot afford to wait to get yourself legal representation. Make sure your first call is to the dedicated team at Sabol | Mallory.
Our firm has handled scores of sex crime cases for people all over Central Ohio and we will be determined to helping you achieve the most favorable possible outcome that results in the fewest consequences. We will be able to take a closer look at your case when you call (614) 300-5088 or contact us online to set up a free consultation.
Rape Charges in Franklin County
Under Ohio Revised Code § 2907.02(A)(1), no person can engage in sexual conduct with another person who is not the spouse of the alleged offender or who is the spouse of the alleged offender but is living separate and apart from the alleged offender, when any of the following applies:
Ohio Revised Code § 2907.02(A)(2) establishes that no person can engage in sexual conduct with another person when the alleged offender purposely compels the other person to submit by force or threat of force.
Rape is a first-degree felony.
A first-degree felony in Ohio is generally punishable by up to 11 years in prison and fine of up to $20,000. If the alleged offender under Ohio Revised Code § 2907.02(A)(1)(a) substantially impairs the other person's judgment or control by administering any controlled substance to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the alleged offender must be one of the definite prison terms prescribed for a first-degree felony that is not less than five years.
Notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an alleged offender under division Ohio Revised Code § 2907.02(A)(1)(b) must be sentenced to a prison term or term of life imprisonment pursuant to Ohio Revised Code § 2971.03. If an alleged offender is convicted of or pleads guilty to a violation of Ohio Revised Code § 2907.02(A)(1)(b), if the alleged offender was less than 16 years of age at the time the alleged offender committed the violation of that division, and if the alleged offender during or immediately after the commission of the offense did not cause serious physical harm to the alleged victim, the alleged victim was 10 years of age or older at the time of the commission of the violation, and the alleged offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court cannot sentence the alleged offender to a prison term or term of life imprisonment pursuant to Ohio Revised Code § 2971.03 and instead must sentence the alleged offender as otherwise provided.
If an alleged offender under Ohio Revised Code § 2907.02(A)(1)(b) previously has been convicted of or pleaded guilty to violating Ohio Revised Code § 2907.02(A)(1)(b) or to violating an existing or former law of this state, another state, or the United States that is substantially similar to Ohio Revised Code § 2907.02(A)(1)(b), if the alleged offender during or immediately after the commission of the offense caused serious physical harm to the alleged victim, or if the alleged victim under Ohio Revised Code § 2907.02(A)(1)(b) is less than 10 years of age, in lieu of sentencing the alleged offender to a prison term or term of life imprisonment pursuant to Ohio Revised Code § 2971.03, the court may impose upon the alleged offender a term of life without parole. If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the alleged offender automatically is classified a tier III sex offender/child-victim offender, as described in that division.
An alleged victim does not need to prove physical resistance to the alleged offender in prosecutions for rape. Evidence of specific instances of the alleged victim's sexual activity, opinion evidence of the alleged victim's sexual activity, and reputation evidence of the alleged victim's sexual activity will not be admitted unless it involves evidence of the origin of semen, pregnancy, or disease, or the alleged victim's past sexual activity with the alleged offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the alleged offender’s sexual activity, opinion evidence of the alleged offender’s sexual activity, and reputation evidence of the alleged offender’s sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the alleged offender’s past sexual activity with the alleged victim, or is admissible against the alleged offender under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Prior to taking testimony or receiving evidence of any sexual activity of the alleged victim or the defendant in a proceeding under this section, the court must resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial. Upon approval by the court, the alleged victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence.
If the alleged victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the alleged victim without cost to the alleged victim. It is not a defense to a charge under Ohio Revised Code § 2907.02(A)(2) that the alleged offender and the alleged victim were married or were cohabiting at the time of the commission of the offense.
The OhioHealth Sexual Assault Response Network of Central Ohio — OhioHealth is a family of not-for-profit hospitals and healthcare facilities that has been serving central Ohio since 1891. Rape crisis programs and services on this website include 24-hour emergency room advocacy, 24-hour sexual assault helpline, rape, abuse and incest national network, sexual violence prevention program, aftercare advocacy, campus advocacy at the Ohio State University, and recovery resources. You can also download a PDF on steps to take if you were a sex crime vicitm.
Ohio Sexual Violence Helpline — The Ohio Sexual Violence Helpline is a 24/7 confidential resource providing advocacy and support for survivors of sexual violence across Ohio. The Helpline provides confidential emotional support, crisis response, and information about options and local resources available to survivors and co-survivors, or their friends and family. According to the Ohio Sexual Violence Helpline, two out of three rapes in Ohio go unreported.
Ohio Alliance to End Sexual Violence — Ohio Alliance to End Sexual Violence (OAESV) advocates for comprehensive responses and rape crisis services for survivors and empowers communities to prevent sexual violence. Learn more about what OAESV does and where it stands on issues. You can also find information about getting help if you have been raped, including a forensic exam fact sheet, disclosing sexual violence: telling others about the crime, supporting a loved one, understanding PTSD, understanding Trauma, a PDF of a Sane Map, and a PNG for an RCC Map.
Were you recently arrested or do you think that you may be under investigation for an alleged rape offense in Columbus? You should avoid saying anything to police, even when you believe you are completely innocent, until you have legal counsel.
Let Sabol | Mallory deal with authorities for you so we can effectively minimize the amount of harm you have to deal with. You can have us review your case and answer all of your legal questions when you call (614) 300-5088 or contact us online to arrange a free consultation.