While most sex offenses are considered felonies, there are some misdemeanor charges to be aware of. Sexual imposition is an offense that applies to unwanted contact with private parts of the body, but arrests for this offense are frequently based on misunderstandings.
The police are known for aggressively pursuing arrests in these cases, which means you could be charged for misreading signals or even inadvertently making contact with someone’s body. Because this is a serious matter, it is not in your best interest to risk fighting these charges without the support of a dedicated sex crime defense attorney like me. As a Lancaster sexual imposition lawyer, I am skilled in handling these types of cases, with a strong record of success. Before you consider a plea bargain or even speak with police, you will benefit from discussing your options with me first.
Sexual imposition is defined by Ohio Revised Code § 2907.06 as the crime of making unwanted sexual contact. This charge is treated as a misdemeanor under state law, but that does not mean it is a minor offense. If you are convicted of sexual imposition you will be required to register as a sex offender for 15 years. Sexual imposition differs from crimes such as rape in that it applies to a wider range of sexual contact beyond intercourse. In some situations, the police will charge someone with this crime along with a more serious sex offense.
Not all touching can lead to a sexual imposition charge. Under Ohio law, sexual imposition only occurs when a person allegedly touches someone in an “erogenous zone.” According to Ohio Revised Code § 2907.01, this is the area of the body generally associated with sexual gratification including the thighs, buttocks, genitals, and female breasts.
Sexual imposition also requires an element of intent. First, the sexual touching has to be for the purpose of sexually gratification or arousal. Second, it must be offensive to the person being touched, or the person who does the touching would have to be reckless not to realize that it would be offensive. Examples of sexual imposition include smacking a co-worker on the bottom or groping someone in the stairway, not accidentally bumping into another person or brushing against them.
Furthermore, some touches occur in erogenous zones as part of a medical exam, a physical therapy visit, or in everyday parenting. This type of touching is not what the statute is designed to protect against. As a Lancaster attorney, I am familiar with the most effective strategies for fighting sexual imposition charges, including highlighting a lack of intent.
You have the opportunity to fight back after being accused of this crime, but the right strategy will largely depend on the facts of the case. As a Lancaster sexual imposition attorney with over 25 years of experience, I can use some of the following strategies in crafting your defense.
A key component of this crime is that the alleged victim could not or did not give their consent to the sexual contact. It may be possible to show that the encounter was consensual, by showing text messages or video affirming that it was consensual.
You do not have to simply accept that the event occurred. Some arrests occur due to misunderstandings, while others are the result of false accusations. There are times when the right approach involves arguing that a crime was never committed, and/or that someone else was the actual culprit.
Ohio’s sexual imposition statute is unique in that a person cannot be convicted solely on the basis of the victim’s testimony, unsupported by other evidence. This is often a strong defense since these cases can involve brief experiences that may not have other witnesses or forensic evidence. This defense is most effective when the accused hires counsel early in the process before discussing the case with law enforcement. Speaking to law enforcement is also a potential gateway to finding more solid evidence against the accused, which is why it is important to refrain from speaking to anyone but a lawyer.
If you have been accused of inappropriately touching someone, a conviction could have a major impact on your life. Fortunately, you are entitled to a vigorous defense. As a Lancaster sexual imposition lawyer, I am well prepared to review the allegations against you before building the strongest possible case on your behalf. Call today to get started with your defense.