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Lancaster Rape Defense Lawyer

Facing a rape charge is terrifying, and a conviction could have a huge impact on every aspect of your life.

Give yourself the best possible chance at a fulfilling future by calling me to be your Lancaster rape defense lawyer. I am a criminal defense attorney with extensive experience in sex crime defense and have been representing people accused of rape and other violent crimes for decades, with great success. I am committed to doing everything in my power to defeat these charges.

What Constitutes Rape?

Ohio Revised Code § 2907.02 bars sexual conduct by compulsion using force or the threat of force. Ohio Revised Code § 2907.01 defines sexual conduct as oral contact with genitalia or penetration of the vagina or anus with a body part or object. Rape can also occur without force or the threat of force if the other person cannot consent to sexual activity. The law considers sexual conduct rape if any of the following is true:

  • The other person is less than 13 years old, regardless of whether the accused knew the other person’s age
  • The accused administered an intoxicant to the alleged victim to overcome any resistance
  • The other person has a physical or mental condition that prevents them from giving consent, or they are of advanced age and their age prevents them from consenting

A recent change in the law makes the rape statute applicable to married couples living together as well. Previously, the law did not apply to spouses unless they were living apart.

Types of Rape

The law describes several different circumstances under which rape can occur. Defense lawyers and prosecutors tend to use the descriptions in the law when referring to the different types of rape.

For example, rape by force, or forcible rape, refers to sexual conduct that involves the use of physical force or the threat of physical force. Statutory rape is the rape of anyone younger than 13. Incapacitation rape occurs when the alleged victim could not consent because they were impaired by drugs, alcohol, mental disability, physical condition, or advanced age.

The evidence a prosecutor presents to prove their case depends on the type of rape alleged. For example, a prosecutor’s evidence in a rape by force case is usually centered on the alleged victim’s statements, though there may also be physical evidence like DNA or photographs of injuries to the alleged victim’s body. I will focus my rape defense on overcoming the implications of the evidence the Lancaster prosecutor presents, attempting to discredit the prosecutor’s witnesses, and presenting another theory of the case that aligns with the evidence.

Rape Charges Require a Strategic Defense

When I defend you, I engage in thorough investigation to customize a defense that addresses the evidence. With my extensive knowledge of forensics and excellent courtroom skills, I can cast doubt on the prosecution’s evidence and the alleged victim’s version of events.

For example, in a rape by force case in Lancaster, I could defend you by showing that you did not participate in any activity that meets the definition of rape. Perhaps some sexual activity took place, but on my cross-examination of the alleged victim I could elicit testimony that it did not involve any acts that meet the definition of rape. Alternatively, if you were not present, I could establish that any evidence used to identify you as the rapist is tainted, inaccurate, or unreliable.

Defenses to incapacitation rape may involve showing that the alleged victim was capable of consent and did in fact consent in this situation. Consent can also be a defense to forcible rape. When the charge is statutory rape, we may be able to prove the individual was older than 13 when the incident occurred, the accusation is false, or that you are a victim of misidentification.

How I Can Help Someone Charged with Rape

My primary goal as a rape defense attorney in Lancaster is to limit the damage to your reputation and future as much as possible. In some circumstances, that could mean resolving an issue in the investigatory phase so the charges are never brought. In other cases, it could mean working to get charges dismissed, negotiating a favorable plea agreement, or presenting a winning defense at trial.

I conduct a thorough investigation in all cases, often conducted by a professional private investigator. Information obtained through the investigation can help me question the credibility of the prosecution’s witnesses. In addition, my advanced training in forensics gives me the tools to challenge scientific evidence like DNA.

Thorough preparation is a hallmark of my legal practice and I have an outstanding trial record. I am willing to take the prosecution on in court and force them to prove their case.

Penalties Upon Conviction of Rape

Rape is a first-degree felony, the most serious category of criminal act. If you are convicted of rape in Lancaster, the sentences are always severe, but depend in part on the circumstances of the case.

The penalty upon a conviction is three to 11 years in prison, a substantial fine, and registration as a sex offender once you are released from prison. Convictions for statutory rape and forcible rate can lead to longer sentences, including life sentences when the victim was a child or the offender has prior rape convictions.

Ohio Revised Code § 2950.031 describes the three tiers of sex offender registration. People convicted of rape typically must register as Tier 3 offenders, which requires you to confirm your address, employment, and vehicle information with the sheriff every 90 days for the rest of your life. Neighbors will receive notification of your address and your criminal history, and all the information is publicly available online.

Reach Out to My Lancaster Office If You Face a Rape Charge

Rape is a violent crime, and a conviction can lead to severe penalties that limit your options for the rest of your life. I have devoted my career to helping people defeat serious criminal charges. Sex crime defense requires very specific skills which I have been sharpening for decades. Please review my past successes as a Lancaster rape defense lawyer, then call me to discuss handling your case.

Case #1: Not Guilty Verdict

A stepfather was accused of Rape and Gross Sexual Imposition (GSI) by his stepdaughter shortly after the wife 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, I elicited over 150 “I don’t know” responses from the alleged victim during cross-examination, which I emphasized in my closing argument. The jury returned a verdict of Not Guilty on all charges after only 30 minutes of deliberation.

Case #2: No Criminal Charges / No College Suspension

A college athlete was accused of rape at a party. Through investigation and negotiation, I was able to prevent charges from being filed and got the athlete reinstated on the team.

Case #3: Not Guilty Of Charges

After attending an Ohio University social mixer, a male student accompanied a female student back to her dorm where they had sex. The day after the party, the female student could not remember details from the prior evening. She claimed to have been blacked out and too intoxicated to have consented to sex. I conducted a thorough investigation. Video was obtained that showed her walking unaided through her dorm building. My rigorous cross-examination of the accuser established that she was capable of sending text messages and making videos after the male student left. Further, she admitted during cross-examination that she supplied the condom used that night. The University Title IX Board found the male student NOT to be in violation of the Sexual Assault Code of Student Conduct.