Gross Sexual Imposition is a serious charge and a conviction can have a devastating impact on your future. You need an experienced criminal defense attorney with a history in sex crime defense, which I can provide.
I devote my law practice to defending people accused of crimes, with an emphasis on sex crime defense. I employ thorough investigation, a deep knowledge of the law, special expertise in forensics, and a commanding courtroom presence to defeat charges of Gross Sexual Imposition in Athens.
Ohio Revised Code § 2907.05 describes the crime of gross sexual imposition, which applies to sexual contact with someone who is not your spouse, combined with other specific factors.
Sexual contact is defined in Ohio Revised Code § 2907.01 as touching an “erogenous zone,” including the thigh, pubic region, buttocks, genitals, and female breast, with the intent of sexual arousal or gratification. You can intend to arouse or gratify the other person and not yourself, and still be charged with gross sexual imposition. In addition to sexual contact, one of the following additional factors must be present.
Using actual force or the threat of force to compel the other person to submit can lead to a gross sexual imposition charge in Athens. An Ohio Supreme Court case found that applying only enough pressure to overcome the other person’s will is sufficient to support the charge.
No one under the age of 13 can consent to sexual activity, and therefore, sexual contact of any kind with someone under the age of 13 is strictly prohibited.
This is a “date rape” provision. Intentionally getting someone drunk or drugging them to make them unable to resist is gross sexual imposition.
Having sexual contact with someone when their ability to consent or resist is impaired can be gross sexual imposition. These charges often arise when someone is voluntarily intoxicated or high and later claims they were too impaired to consent. This charge can also apply when the other person has an intellectual disability that prevents them from giving consent or a physical condition (for example, paralysis) that prevents them from resisting.
The testimony of the alleged victim may be the only evidence supporting the charge. I will look for information that calls their credibility or the quality of their recollection into question and present it to the Athens prosecutor to get the gross sexual imposition charge dismissed.
If a person’s judgment or control is impaired because they have been given a drug or anesthetic as part of a medical or dental procedure, sexual contact with them is illegal.
Gross sexual imposition is usually a 4th degree felony and carries a penalty of 6 to 18 months in prison and a possible fine of $5,000. In addition to possible prison time and a fine, anyone convicted of the charge will be required to register as a Tier I sex offender for at least 15 years.
Gross sexual imposition is a 3rd degree felony when the victim is less than 13 years old, or when alcohol or drugs were used to facilitate the crime. The penalty upon conviction is 1 to 5 years in prison, and the sex offender registration requirement is increased to a Tier II, which requires registering as a sex offender for 25 years.
Defending an accusation of gross sexual imposition can be complex and, as a result, requires an experienced Athens attorney like myself. Because there are so many different forms of the crime, the defense I develop will vary depending on the circumstances. However, there are several defenses that often apply to this crime.
If the sexual activity is voluntary and both parties are over the age of 16, then in most cases, there is no crime. When the alleged victim is claiming they were taken advantage of while drunk, we may be able to point out that alcohol tends to loosen people’s inhibitions and often leads to sexual activity. Just because someone may regret their consent when they have sobered up does not necessarily make the activity a criminal act.
In many cases, I can present the defense that no sexual contact occurred, period. An alleged victim may be mistaken about the identity of their assailant or may be making a false accusation.
Your conduct in the early stages of a case can determine the outcome. If you learn that you are being investigated for a sex crime, contact me immediately. When I get involved in the early stages of an investigation, I can often resolve the matter before charges are filed.
If you have been arrested or charged, the most critical advice is do not speak to anyone except your attorney. Police and prosecutors may urge you to explain what happened and suggest that doing so will work to your advantage. It will not, ever. You can explain what happened to me, and I will take it from there.
If you are arraigned before you have hired a defense lawyer, plead not guilty. Even if you feel that you may have done something wrong, plead not guilty and then we can decide the best way to proceed
Gross Sexual Imposition is a serious felony charge in Athens. Even if you are convinced that the charge is a result of a misunderstanding or miscommunication, it is essential to work with me to defend yourself properly.
Successfully defending sex crime charges requires unique skills. Contact my office, and I will prepare the most vigorous and effective defense possible in the circumstances.
Stepfather was accused of Rape and GSI by stepdaughter shortly after wife/mother filed for divorce. Despite the timing of the allegations, the Stepfather was indicted on 6 counts of Rape and 6 counts of GSI alleging sexual abuse 2 years prior. At trial, Andrew elicited over 150 “I don’t know” responses from the alleged victim during cross-examination. The phrase “I don’t know” was the ringing mantra of Andrew’s closing argument. The jury returned a verdict of Not Guilty on all charges after only 30 minutes of deliberation.
