Sexual battery is a unique sex crime. The criminality depends on whether sexual conduct occurred, and the circumstances and power dynamics between the two parties.
I am a sex crime defense attorney with decades of experience successfully representing people like you accused of sex crimes. If you need a skilled and aggressive Pomeroy sexual battery lawyer, contact my office immediately.
A sexual battery charge alleges that you had sexual conduct with someone who lacked the capacity to consent. The incapacity could be because of a condition existing at the time of the alleged conduct or the nature of the relationship between you. If you are being investigated for sexual battery in Pomeroy, it is critical to call my office to ensure an attorney is present before you speak to the investigators.
Ohio Revised Code § 2907.03 defines sexual battery. It forbids sexual conduct with someone who is unable to consent because of:
Even if the alleged victim was a willing participant, their consent was legally ineffective if any of these conditions existed at the time of the conduct.
Consent could also be ineffective if there is a power imbalance between you and the alleged victim. They could claim that the sexual conduct was coerced because you had power over them and they did not feel they could refuse without repercussions. Sexual battery charges could arise in the context of teacher/student, doctor/patient, coach/athlete, boss/employee, and similar relationships.
Sexual battery is a third-degree felony, but could be charged as a second-degree felony if the alleged victim is under 13. If convicted, you face significant time in prison, a substantial fine, and lifetime registration as a sex offender.
My focus when you hire me is to shut down the investigation without charges or, if you have already been charged with sexual battery in Pomeroy, to get the charges dismissed. I can argue that the evidence presented is legally insufficient to support a charge. If the investigators violated your rights, I can argue that the evidence the investigation produced should be suppressed and charges dismissed.
When attempts to dismiss the charge are unsuccessful, negotiating a guilty plea to a lesser charge may be in your best interest if the prosecutor’s evidence is strong. In other cases, seeking an acquittal at trial may be the best strategy.
Depending on the nature and quality of the prosecution’s evidence and the characteristics of the alleged victim, there are several legal defenses I could present to defeat a sexual battery charge. I often work with a private investigator and other professionals as appropriate to ensure that I identify and present all evidence that can weaken the prosecution‘s case or strengthen yours.
Ohio Revised Code § 2907.01 defines sexual conduct as anal or vaginal intercourse, oral sex, or any penetration of the vagina or anus by any part of the accused or by an object.
The prosecution’s evidence of sexual conduct may be sparse or rest entirely on the alleged victim’s testimony. I will use my background in forensics and sharp cross-examination skills to cast doubt on the prosecution’s evidence of sexual conduct without alienating the jury.
If the charges are based on the alleged victim’s inability to consent because of intoxication or unconsciousness, the prosecution’s evidence likely relies heavily on testimony from the alleged victim or others who observed them at or near the time in question. Meticulous cross-examination of these witnesses can often raise doubt about their awareness and suggest they were capable of consenting to sexual conduct.
When the prosecution alleges that a power differential between you and the alleged victim made the consent to sexual conduct coercive, exploring the relationship will be necessary. Communication such as texts and emails and testimony from you, the accuser, and other people who observed the relationship, can be helpful. Social media posts and other evidence showing they were not dependent on your favor can be persuasive evidence that you did not coerce them into sexual conduct.
Sexual battery defense is nuanced because the crime depends on the alleged victim’s mindset. When you hire me as your criminal defense attorney, I thoroughly examine the evidence, use all available resources, and advocate aggressively for you at every stage of the case. You will not find a better Pomeroy sexual battery lawyer, so contact my office right away.