There are few criminal charges as serious as rape, and the consequences of a conviction can be severe. If you have been accused of this offense, you need the help of a Pickerington rape defense lawyer as soon as possible – and I am available to represent you.
I bring years of criminal defense experience to my clients’ cases, with an understanding of the gravity of your situation. If you bring your sex crime case to my attention, I can investigate the charges against you, work with experts to challenge the prosecution’s case, and build your defense.
The crime of rape can generally be described as sexual conduct with a nonconsenting person. As defined by Ohio Revised Code § 2907.2, it is a felony to have such conduct with someone who is forced to have sex or who cannot provide consent.
“Sexual conduct” means more than traditional intercourse, extending to other kinds of sexual acts. For example, Ohio Revised Code § 2907.1 includes vaginal and anal intercourse, as well as oral sex, into the definition of sexual conduct. The same definition clarifies that penetration—no matter how slight and no matter with what body part, object, or instrument—can count as intercourse.
Mere contact with a sex organ does not become “conduct,” as opposed to “contact,” and the gender of those involved does not matter under these statute. What matters most is the consent of an alleged victim alongside the behavior of the person accused of a crime. As a Pickerington attorney familiar with rape defense cases, I can advise on issues of consent and of sexual behavior underlying criminal charges.
With the broad definition of the crime of rape above, there are different categories of the crime itself. Impairment, statutory rape, and force all count as different types of the same crime under § 2907.2.
Rape is committed when a victim has been impaired by the accused person who has given them drugs or other substances, or if the accused had forced that person to take substances that reduce the victim’s judgment or control. If a person already has impaired judgment, whether from substances or because of a disability (physical, mental, or from advanced age), then engaging in sexual conduct with them also counts as rape.
Statutory rape under this statute includes any sexual intercourse with a person under 13 years old, regardless of any lack of knowledge of their age. In addition, forcing oneself on another person or threatening physical force is defined as rape, too.
Each of these types of rape have different sets of surrounding facts. The type of rape being charged will affect how a person in Pickerington will construct their defense.
There are basically three viable defenses to rape: the person actually consented, the person was not incapacitated or underage as they claimed, and there is a lack of evidence to prove you were guilty.
Consent could be verbal or based on the other behavior of the alleged victim, but the presence of what looks like consent could be invalidated by an impaired victim. So if the type of rape charged is sexual conduct with an impaired person, then trying to show consent would also involve demonstrating the lack of impairment.
Of course, even consent is not a defense to statutory rape, and being married or in a cohabitating relationship with an alleged victim also does not act as a defense. The specific evidence in a Pickerington rape case can make the difference in whether a defense crafted by a lawyer works well enough to show that you cannot be found guilty.
A person accused of rape certainly needs the aid of an attorney, both in court and before the trial process begins. As soon as you face suspicion on the part of law enforcement, I can make sure that your rights are protected, ensuring that you receive your Miranda rights and remain free from unreasonable searches and seizures under the Fourth Amendment.
Once charged, I am able to gather evidence of what really happened and to push back against the prosecution’s case. By identifying faulty witness testimony and challenging DNA evidence, I can see if charges are based on a false claim, bad information, or a misunderstanding. It may be possible to get the charges dropped before ever going to trial.
If a trial does occur, I can attempt to persuade the court on why the prosecution cannot show guilt beyond a reasonable doubt. No matter the defense for a rape case in Pickerington, a lawyer like myself will attempt to poke holes in the prosecution’s narrative and work toward a verdict of not guilty.
As stated before, rape is a felony under Ohio law, and felonies can be punished with serious consequences. Chief among those consequences is time in prison, which can last years.
Under § 2907.2 and Ohio Revised Code §2929.14, a rape conviction leads to a prison term of at least five years. If the charged crime is for statutory rape, then a defendant can end up in prison for life, and parole may not be an option.
On top of prison time, a convicted person may be required to register as a sex offender, producing a stigma that will follow them for the rest of their life. Even without a registration, a person accused of rape will suffer reputational damage and risk their future opportunities as a result.
Having a defense attorney can help a person facing rape charges in Pickerington steer clear of these kinds of consequences. Even if a person knows they did nothing wrong, a lawyer is crucial to building a defense and showing the truth of the matter.
If you find yourself accused of rape, you should call me immediately to get your defense started. I have a proven track record of success, winning not-guilty verdicts and dismissals for a variety of sex crime charges.
A Pickerington rape defense lawyer like me can shepherd you through the criminal process and put up the best defense possible. To learn more about what I can do for you and your defense, contact my office and set up an appointment.