Allegations of unwanted sexual contact are always taken seriously, especially following an arrest for gross sexual imposition (GSI). This charge carries steep penalties if you are convicted, making it critical that you seek out an experienced sex crime attorney like myself as soon as possible.
You have the right to fight these charges, and you never have to face the prosecution alone. When you work with a Lancaster gross sexual imposition lawyer, you have the chance to get the fair outcome you deserve.
Under Ohio law, the first element required to charge someone with GSI is nonconsensual sexual contact. This typically means that the accused touched another person in an “erogenous zone” such as thigh, genitals, buttocks, or breasts, without consent.
The second element of GSI is the presence of an aggravating factor in addition to the underlying sexual contact. Aggravating factors include situations where the accused used force or threats of force when engaging in the sexual contact, or where the accused used drugs, alcohol, or another intoxicating substance to impair the victim to lower their resistance.
Other aggravating factors that will trigger a GSI charge involve the age and capacity of the victim. If the victim is younger than 13 years of age or has a physical or mental disability, it is likely that prosecutors will opt for the more serious GSI charge. Advanced age may also be considered a disability for the purpose of this crime.
Depending on the circumstances of each case, GSI is treated as a fourth- or third-degree felony. If convicted of a fourth-degree felony, you may face up to a six to eighteen-month prison sentence and up to a $5,000 fine. However, if you are found guilty of a third-degree felony, such as cases involving victims under the age of 13, you can get up to 60 months in jail and up to a $10,000 fine.
People convicted of GSI must also register as Tier I, II, or III sex offenders based on the circumstances of their crime. Tier I offenders must register annually for 15 years, Tier II offenders must register every six months for 25 years, and Tier III offenders must register every 90 days for the rest of their lives. Being a registered sex offender can severely affect your personal and social life, as well as your opportunities for employment, housing, and higher education.
Clearly, being convicted of GSI comes with serious legal, social, and personal consequences. However, a successful defense strategy may help you obtain a lesser charge or a more positive sentencing outcome, or even avoid conviction altogether. As a Lancaster gross sexual imposition attorney, it is my job to help you understand the potential consequences of a conviction while also fighting to beat these charges.
There are three common ways to fight back against a charge of gross sexual imposition in Lancaster, OH. The first is challenging the alleged lack of consent for the sexual contact. If you can prove that the alleged (non-minor) victim could, and did, consent to the encounter, there is no grounds for a criminal conviction.
Another approach is to challenge whether the alleged act actually occurred. This would be an appropriate defense in cases involving false allegations, mistaken identity, misunderstandings, or inadvertent contact that was not intended for sexual gratification.
Finally, in situations where the other two defenses do not apply, a person accused of GSI can still challenge the existence of the aggravating factors. In these cases, you still may face a reduced charge of sexual imposition, which is a misdemeanor in Ohio, but then you would not be dealing with a felony charge and the more serious sentence if convicted. As your attorney, I will thoroughly investigate the allegations and advise you regarding the best possible approach.
You have the right to a vigorous defense after being arrested for these serious allegations. Contact me and learn what I can do as a Lancaster gross sexual imposition lawyer as soon as possible to discuss your defense options. I have over 25 years of experience in representing people accused of crimes, and I put my skills to good use for the defendants who need someone to look out for them.