In Lisbon, OH: Examining Evidence in Sex Crimes Cases

Navigating sex crime cases in Ohio requires a meticulous understanding of the state’s specific and rigid evidence rules. According to state laws, compelling testimony from an alleged sex offense victim could potentially serve as the sole evidence needed for a conviction. As your Lisbon sex crimes attorney, we recognize the critical significance of presenting evidence that challenges such testimony, and we possess substantial expertise in dismantling other evidence-based components used against you by the prosecution.

Youngstown Criminal Law Group proudly boasts a record of handling over 20,000 criminal cases across Ohio. With our experience, passion, and unwavering commitment to protecting your rights as a criminal defendant, you can rely on us to stand by your side. Sean Logue, the founder, was falsely accused of a crime and subjected to police brutality as a teenager, which serves as a driving force behind his relentless dedication to defending you against the charges you face in Lisbon.

Our firm garners national recognition and local respect. Sean himself has been the recipient of various accolades, including the esteemed “Top Lawyer” award by Columbus CEO magazine, the “Rising Star” award by Super Lawyers, and the coveted “Top 100 Trial Lawyers” award by the National Trial Lawyers. Furthermore, Martindale-Hubbell has honored Sean with the AV Preeminent rating, a testament to his peer-rated professional excellence.

Our Defense Lawyers in Lisbon, OH Understand How Evidence Can Impact Your Sex Crimes Case

When it comes to sex crime cases in Lisbon, OH, the burden of proof is on the prosecution. As skilled Lisbon sex crimes lawyers, we know how to challenge the evidence presented by the prosecution and weaken their case against you.

In certain situations, we have the ability to file a motion to suppress wrongfully obtained evidence, which may infringe upon your Constitutional rights. If we can successfully prove this violation, not only will the judge dismiss this evidence, but also any related evidence that would have been discovered by the police had it not been for the illegally obtained evidence.

Our legal team has an in-depth understanding of the Lisbon court system. We have established relationships with judges, prosecutors, court staff, and probation officers, giving us the advantage of selecting the most effective defense strategies for your unique case.

We are recognized as subject matter experts in Ohio criminal law by various news media outlets, including The Lisbon Dispatch, The Plain Dealer, NBC4, ABC 6, FOX28, and 10 WBNS. Our expertise and passion for criminal law will be devoted to your case.

If you are facing a sex crime charge, our Lisbon sex crimes lawyers are prepared to fight for your rights and achieve favorable results. Contact our firm today at 330-992-3036 for a free consultation.

Sex Crimes Case Overview in Ohio

When facing accusations of a sexual offense in Lisbon, the process typically begins with the filing of a police report. A dedicated law enforcement officer will then conduct a thorough investigation, meticulously collecting all available evidence. The findings are subsequently presented to the prosecuting attorney’s office, where the strength of the evidence determines whether criminal charges will be filed against the accused for the alleged sexual offense.

It is important to understand the statute of limitations for prosecuting sex crimes in Ohio. For minor misdemeanors, the timeframe is six months, while for misdemeanors, it extends to two years. In the case of felony offenses, the prosecuting authorities have approximately six years to pursue legal action.

Notably, it is crucial to be aware that Ohio Supreme Court decisions undoubtedly bolster state evidence laws, particularly in rape cases. These laws state that the credible testimony of the alleged victim alone can serve as sufficient evidence for a conviction (See the Ohio Supreme Court case State of Ohio vs. Johnny Fortson). It should be noted that even if the alleged victim decides to withdraw from the prosecution process, prosecutors still retain the option to proceed with the case if they believe they have an ample amount of evidence.

Types of Evidence Prosecutors Use to Prove Allegations of a Sex Crime

Prosecutors understand the gravity of sex crime allegations and their commitment to securing a conviction is unwavering. They meticulously gather and present a range of evidence to bolster the credibility of the alleged victim’s testimony. This evidence encompasses various forms, such as forensic, physical, and biological.

Let’s delve into the common types of evidence encountered in sex crime cases:

• DNA evidence: Semen, blood, saliva, and other forms of DNA left at the scene.
• Bite marks: Indicative imprints that can serve as incriminating evidence.
• Hair follicles: Strands of hair that can potentially link the perpetrator to the crime.
• Fingerprints: Identifying marks that can establish involvement.
• Clothing fibers: Traces of clothing material that may serve as compelling evidence.
• Injury photos: Visual documentation that reveals physical harm inflicted.
• Victim testimony: The personal account of the victim, crucial in shedding light on the incident.
• Witness testimony: Statements provided by individuals who observed or have relevant information.
• Medical records: Detailed reports that can corroborate the victim’s claims.

For a conviction in an Ohio sex crime case, the prosecutor bears the burden of convincing the jury beyond a reasonable doubt that non-consensual sexual activity occurred.

Defending Allegations of Sex Crimes with Credible Evidence

Ohio’s rape-shield law serves as a crucial safeguard, prohibiting the introduction of evidence concerning a rape victim’s prior sexual activity. Aimed at preventing victim-blaming, this law holds significant weight in protecting survivors of sexual abuse.

A landmark ruling in April 2020 by the Ohio Supreme Court further solidified this law’s application, as it unanimously declared that the law extends to both consensual and non-consensual sexual activity. In an attempt to challenge this, the defense counsel argued that the law solely pertains to consensual activity, thereby seeking to present evidence suggesting the alleged victim’s promiscuity and potential responsibility for inviting or encouraging such actions.

However, the Supreme Court firmly countered this argument, clarifying that the rape-shield law encompasses all evidence relating to non-consensual sexual activity, including previous instances of sexual assault experienced by the alleged victim.

Defenses Against a Sex Crime Charge in Lisbon, OH

Our experienced team of Lisbon sex crimes lawyers are well-versed in navigating the complexities of Ohio’s rape-shield law. We understand the importance of a strong defense strategy tailored to the unique circumstances of your case.

Consent: A Crucial Element

In Ohio, consent serves as a powerful defense against rape charges, even if not explicitly stated in the law. We meticulously examine case law to determine if the alleged victim was capable of giving consent, considering factors such as impairment, intoxication, mental or physical condition, and age. Through comprehensive investigation and analysis of evidence like videos, texts, and witness statements, we build a compelling argument to assert the presence of consent.

Marriage: Legal Implications

Marital relationships introduce a distinct set of circumstances regarding sexual crimes. If you and your accuser are married or were married at the time of the alleged offense, Ohio law does not classify the conduct as sexual battery, sexual imposition, or gross sexual imposition. However, it’s essential to note that this exemption applies when the individuals share a residence.

Statute of Limitations: Timing Matters

Ohio law sets specific deadlines for the prosecution of sex crimes. Understanding these limitations is crucial to mounting an effective defense. We examine the applicable statutes of limitations for various offenses, including:

• Rape: 25 years
• Sexual battery: 25 years
• Unlawful sexual conduct with a minor: 20 years
• Gross sexual imposition: 20 years
• Sexual imposition: 2 years
• Importuning: 6 years
• Voyeurism: 6 years(felony) and 2 years(misdemeanor)
• Public indecency: 6 years(felony) and 2 years(misdemeanor)

It’s worth mentioning that exceptions can arise if DNA evidence linking the offender to the crime is discovered after the legal deadline has expired.

False Accusations

Sadly, false allegations of sex crimes can arise due to a variety of reasons. These can range from misunderstandings and revenge to bitter custody battles or even more sinister motives. If you find yourself wrongly accused of a sex offense, it is crucial to remain silent and avoid contact with your accuser. Our team of experienced Lisbon sex crimes attorneys will diligently gather evidence to challenge and refute your accuser’s testimony.

Insufficient Evidence

In mounting a robust defense against sex crime charges, dismantling the prosecution’s case by attacking their evidence is a critical strategy. At our firm, we employ the exclusionary rule to systematically weaken the structure of their case, brick by brick. Our approach involves challenging and refuting key pieces of evidence, such as highlighting conflicting testimony. Additionally, we can move to suppress evidence obtained through violations of our client’s constitutional rights.

Our lawyers employ various arguments to suppress evidence in sex crime cases, including:

• Fourth Amendment Violations: If investigators conducted an unlawful search and seizure without a warrant or probable cause, we will strive to suppress the evidence they obtained. This also includes any evidence discovered solely due to the unlawfully obtained evidence, referred to as the “fruit of the poisonous tree.”

• Miranda Rights Not Read: It is crucial for police to inform a suspect of their rights, including the right to remain silent and the right to legal counsel, before interrogating them in custody. Failure to do so renders any confessions or information obtained inadmissible in court.

• Problems in Evidence Chain of Custody: Every piece of evidence submitted by the prosecution for trial goes through a rigorous chain of custody, with meticulous documentation and protocols for handling and preserving the evidence. In cases involving rape kits, adherence to proper procedures is crucial. If there are any breaches or discrepancies in the chain of custody, we will move to have the affected evidence excluded.

Our dedicated legal team will thoroughly analyze all the evidence collected by the prosecutor in their case against you. We will strategically explore all legal avenues to suppress as much evidence as possible, aiming to create reasonable doubt regarding your guilt. Consequently, the prosecution may choose to drop the charges, or a judge would dismiss your case altogether. Rest assured, we will employ our expertise to protect your rights and achieve a favorable outcome.

Frequently Asked Questions About Evidence in Sex Crimes Cases in Columbiana County

Q: Can a Sex Crime in Ohio be Convicted Based on Victim Testimony Alone?

A: Ohio evidence laws deem the credible testimony of the alleged victim sufficient for a conviction. This law was cited by the Supreme Court in the case of State of Ohio vs. Johnny Fortson.

Q: What Types of Evidence do Prosecutors Typically Use in Lisbon Sex Crime Trials?

A: Key types of evidence in Ohio sex crime trials usually include victim and witness testimony. Additionally, common evidence includes DNA, hair follicles, medical records, photographs of injuries, and clothing fibers.

Q: What are the Statutes of Limitations for Prosecuting Sex Crimes in Columbiana County?

A: The statutes of limitations for sex crimes in Ohio vary depending on the offense. Here are some examples:

• Public indecency and voyeurism: 6 years (felony), 2 years (misdemeanor)
• Importuning: 6 years
• Sexual imposition: 2 years
• Gross sexual imposition and unlawful sexual conduct with a minor: 20 years
• Sexual battery and rape: 25 years

It is important to note that the statute of limitations can be extended if new DNA evidence connecting an individual to a sex offense is discovered.

Q: Can a Defense Attorney Enter an Alleged Victim’s Previous Sexual Activities as Evidence in Ohio?

A: No, Ohio law strictly prohibits the defense from presenting any of the alleged victim’s sexual activities, regardless of consent, as evidence in a sex offense case.

Q: What is the Time Limit for Law Enforcement to Submit a Rape Kit?

A: If law enforcement fails to submit all rape kits associated with a sex offense within 30 days, a Lisbon prostitution lawyer can argue the defense of a “broken chain of custody.”

Lisbon, OH Defense Lawyer Specializing in Sex Offenses

If you are facing accusations of a sex crime in Lisbon, it is crucial to secure the services of a Lisbon prostitution lawyer as soon as possible. By hiring our firm early on, you will provide us with ample opportunity to gather crucial evidence for your defense.

The consequences associated with how you handle your defense should not be underestimated. Ohio’s judges, prosecutors, and juries take a firm stance against individuals charged with sex crimes. With our exceptional experience, knowledge, and unwavering commitment to protecting the rights of the accused in Lisbon, you can have confidence that your case is in capable hands.

For a complimentary consultation, contact the Youngstown Criminal Law Group today at 330-992-3036. We are here to offer you expert guidance and support.