Defenses to Sex Charges in Lisbon

At Youngstown Criminal Law Group, we are proud of our local and national recognition as a “Client’s Champion” and the Top Criminal Defense Lawyer, among many other accolades. With a track record of successfully managing over 15,000 cases, we are committed to providing Lisbon Ohioans with a superior shot at justice.

If you or someone you know is facing criminal sex charges, turn to Youngstown Criminal Law Group for a strong defense. We believe in protecting your rights and ensuring that you receive the fair trial you deserve. Regardless of the circumstances, we will stand by your side, treating you with respect and dignity. Our compassionate approach is what sets us apart – it’s why we continue to win awards.

You don’t have to go through this alone. Our experienced Lisbon sex crimes lawyers are here to fight for you and build a vigorous defense aimed at achieving the best possible outcome for your case.

Lisbon Sex Charges Defense Lawyer

Youngstown Criminal Law Group is dedicated to meeting our clients’ needs. We leave no stone unturned in building a comprehensive defense for your case. When facing sex charges in Lisbon, trust us to guide you through the complexities of the legal process.

If you are dealing with sex charges in Lisbon, don’t hesitate to reach out to Youngstown Criminal Law Group today at 330-992-3036 for a free consultation. We are here to provide the assistance you need during these challenging circumstances.

Consent

Ohio law does not explicitly define consent. However, Ohio Revised Code § 2907.02(C) defines rape laws and clarifies the rules surrounding sexual offenses. It is prohibited to use chemical restraint, deception, or threat of, or use of force to engage in any form of sexual activity. Importantly, it is not necessary for a victim to physically resist the offender in prosecutions under this section.

In addition to rape charges, other sex crimes outlined in this section of the Ohio code require strong evidence of consent as part of a defense claim. Some cases may also require the prosecution to present evidence of physical threats. It is crucial to mount a robust defense against these allegations to avoid facing serious consequences, including a felony in the first degree.

• Sexual Battery
• Gross sexual imposition
• Sexual imposition
• Importuning (propositioning)
• Voyeurism (peeping, invading privacy)
• Public indecency 

are examples of sex crime charges that require proof of consent from the other party to help build a defense.

Ohio Age Consent Laws

The age of consent laws in Ohio are outlined in Ohio Revised Code § 2907.04. This law, commonly known as the Ohio Statutory Rape Law, prohibits individuals over the age of 18 from engaging in sexual activity with a minor who is under 16 years of age. Violating this law can result in a fourth-degree felony charge. If the minor is under 13, more severe charges may apply. In cases where the defendant is less than four years older than the minor, the charge may be reduced to a misdemeanor.

The Credibility of the Accuser

When facing sex charges, there are ways to leverage the accuser’s credibility in your defense. Unfortunately, some individuals seek to take out their troubles on the defendant, seeking revenge or attempting to shame them for their actions. This can have devastating consequences, tarnishing both personal and public records.

Debunking False Claims

One defense strategy involves proving that the accuser is lying. To do this effectively, it is crucial to present character witnesses who can testify on your behalf. By leveraging testimonies from friends, family, and coworkers, you can establish reasonable doubt and challenge the prosecution’s narrative of an untruthful client.

Addressing Exaggerations

Another challenge is when the accuser exaggerates the encounter or portrays it as an erroneous act. Proving innocence in such cases can be difficult, as sexual activity is often admitted. However, similar to the “lying” defense, relying on character witness evidence can help demonstrate your innocence.

Navigating Cases Involving Minors

Accusations involving minors require delicate handling, with traumatic consequences for all parties involved, regardless of the outcome. There are various reasons why an adult might manipulate a child into accusing another adult of sexual misconduct, such as divorce, custody disputes, jealousy, or revenge.

In addition to character witnesses vital for your defense, the child will undergo a thorough examination to assess their mental state, history, and other factors that may contribute to potential false accusations. Professionals responsible for investigating the allegations against you will ensure their veracity before pressing charges. It is crucial to note that sex crime charges involving minors carry severe penalties, constituting a second-degree felony that may result in 2 to 8 years of imprisonment and possible fines of up to $15,000.

Entrapment

Entrapment is a common defense used by individuals coerced into committing sex crimes, like solicitation of prostitution from an undercover police officer. In Ohio, entrapment is a valid defense supported by the affirmative defense outlined in Ohio Revised Code § 2901.05(C)(2).

To charge a defendant, there must be no reasonable doubt in the judge or jurors’ minds that they committed the alleged sex crime. Ohio follows the subjective test standard, making it more challenging to prove. The defendant must demonstrate that the coercion outweighed their predisposition to commit the crime. Merely arguing that the opportunity was provided by the officer is insufficient to establish an entrapment defense.

For instance, if someone is unexpectedly offered the chance to exchange money for sex and they agree without hesitating or refusing the proposition, this is unlikely to hold up in court as a viable defense.

Youngstown Criminal Law Group: Your Trusted Defense Against Sex Charges

When facing delicate circumstances like these, it is crucial to handle your defense with care. Failure to do so can result in devastating, long-lasting repercussions. At Youngstown Criminal Law Group, our experienced Lisbon prostitution attorneys are prepared to fight for your case, leveraging the most critical factors to secure the best possible outcome for your future.

Our priority is to protect you from unjust actions and guide you through this challenging time. We approach your situation with compassion and provide a non-judgmental perspective on how the law can help reduce or dismiss the charges against you. With Youngstown Criminal Law Group by your side, you can trust that your case will be handled legally, ensuring your rights are fully protected.

Don’t hesitate to reach out to us for a free consultation. We are committed to supporting our clients on their journey to a successful defense.

Violation of 4th Amendment Rights

The Fourth Amendment upholds your Constitutional right to privacy. It requires government officials to have probable cause and obtain a warrant from a judge for search and seizure. This protection extends to personal electronic devices such as cell phones and computers, as confirmed by the Supreme Court in 2014.

However, even officers can make mistakes or overlook important criteria when pursuing an accused individual, leading to problems for the prosecution. Whether the client is innocent or guilty, if their Fourth Amendment rights are violated, the court may not be able to consider the evidence.

An excellent example of this is the collection of DNA evidence. If a police officer illegally collects DNA, the Fourth Amendment can serve as a powerful defense to have the evidence dismissed in court. There have been numerous instances where evidence was obtained improperly, leading to cases being thrown out based on an officer’s mistake during the collection process.

Moreover, evidence must follow a strict chain of custody. This process ensures a paper trail of who had the evidence and where it was stored and transferred. If the chain of custody shows mishandling of DNA or a breach in the protocol, the accused charges may be dismissed immediately.

It is important to note that there are objections to this defense, such as the “good faith” exception, where an officer acted with an objectively reasonable belief. These situations can be complex and challenging to argue, and it is advisable to seek guidance from a legal professional. At Youngstown Criminal Law Group, our Lisbon prostitution attorneys are experienced in handling these defenses when necessary.

Our attorneys are well-educated and dedicated to building a strong defense in your case. Going into these situations alone is never in the defendant’s best interest. Trust the expertise of Youngstown Criminal Law Group to navigate the complexities of your legal defense.

Mistaken Identity: A Deeper Understanding

Accusations of mistaken identity can be a distressing and unfortunate event. When an individual experiences rape or suffers from PTSD after a sexual assault, the accuser’s recollection of the perpetrator may become distorted. Factors such as poor lighting or the involvement of chemical restraint can further complicate the situation, leading to frustration and skewed presentation of facts, especially if an innocent person is accused.

Another scenario where mistaken identity occurs is voyeurism – the intrusive act of non-consensual voyeuristic behavior, encompassing actions like sneaking, peeping, or capturing explicit videos without consent. Whether this defense stands in court depends on the nature of the charges and other relevant factors surrounding your case.

However, when it comes to charging someone with a sex crime, the burden of proof lies in establishing beyond a reasonable doubt that they committed non-consensual sexual conduct. Building a defense based on mistaken identity necessitates the presence of credible alibis to testify on your behalf. A solid alibi can substantially contribute to the defense of your character.

By delving deeper into the complexities surrounding mistaken identity, we hope to provide you with a comprehensive perspective that aids in understanding and engaging with this delicate issue.

Alibi

Alibis play a crucial role in sex charge defense, as they can bolster or potentially weaken a defense. According to the Ohio Revised Code § 2945.58, an alibi can be presented by the defense. However, it must be shared in a written statement to the prosecutor no later than seven days prior to the trial, otherwise, the alibi evidence may be disregarded.

During the pre-trial process, referred to as discovery, all evidence and witnesses are typically presented to the prosecution. This provides them with an opportunity to interview and cross-check the facts. By presenting a written statement for an alibi, it is important to include specific details such as the location and time of the alleged engagement.

Here are some essential considerations when presenting a robust alibi:

• Credibility of the witness: The purpose of establishing a witness alibi is to convince the judge or jury that they were with you or have knowledge of your whereabouts at the time of the alleged crime. The prosecution may attempt to diminish the credibility of the alibi witness, so establishing their reliability is vital.

• Close alibi: Friends and family can be valuable alibis, however, it is important to ensure their impartiality and credibility. Although family members can provide support as part of the alibi, relying solely on them is not recommended.

• Material alibi: Photos, videos, cell phone records, or computer data can serve as solid alibi evidence. In today’s digital era, our electronic devices can provide a compelling alibi. Retrieving cell phone records for the dates and times in question is critical to support your case.

• Stranger alibi: This refers to someone who does not know you personally, such as a bartender or taxi driver, who can testify that they remember you being in their presence when the alleged sex crime occurred. While these alibis can be strong, they will also be evaluated based on witness credibility, so it is essential to ensure the alibi witness is reliable.

A strong alibi is just one component of a robust defense strategy. It is crucial for the court to fully accept and have unwavering confidence in the credibility of the alibi’s statements. This underscores the significance of multiple character witnesses, both for the alibi and the defendant, as indispensable elements of a solid defense case.

However, it is the responsibility of the judge or jury to ascertain beyond doubt that the prosecution has successfully established your guilt. When the accused was present in a public setting at the time of the incident, it becomes imperative to seek potential supporting evidence from surrounding security camera footage. Such evidence can bolster the alibi defense, thereby greatly assisting in the dismissal or withdrawal of the pending charges.

Sex Crime Defenses: Questions & Answers

Q: Can consent be used as a defense in rape charges?

A: In rape cases, consent is one of the most common defenses. It argues that the alleged victim willingly participated in the sexual act, and that no threats, violence, or coercion were used.

Q: If accused of a sex crime, should I admit to the sexual act?

A: It is crucial to consult with your Lisbon sex crimes attorney before making any statements about the alleged offense. Depending on the circumstances, admitting to the act while asserting that it occurred under legal circumstances can sometimes be the best defense. For example, you might argue that the act was consensual, or that there was no violence or threats involved. If the victim is underage, you could even present a defense that they lied about their age.

Q: What is the optimal defense against sex crime allegations?

A: The most effective defense strategy depends on the specifics of each case. Common defenses include proving the victim’s dishonesty, establishing an alibi, or challenging their identification of you as the perpetrator.

Q: Can a recording of the victim lying about their age serve as evidence in my sex offense case?

A: Yes, according to Ohio Revised Code Section 2933.52, recording a conversation is legal as long as one party consents. If you have a recording where the victim falsely claimed to be of legal age, it can potentially serve as evidence in your sex offense case.

Q: What happens if the victim recants their statement in a sex crime case?

A: If a plaintiff recants their statement, they are no longer accusing you of a sex crime. This may lead to the prosecution dropping the charges.

Defense Lawyers for Sex Charges in Lisbon

Welcome to Youngstown Criminal Law Group, your dedicated Lisbon sex crimes lawyer when it comes to sex charges. We understand the immense gravity of these allegations – even a minor infraction could result in the life-altering consequence of being registered as a sex offender. The mere presence of your name and face on such a list can have devastating effects as people tend to jump to the worst assumptions.

But don’t worry, we are here to provide you with the most effective criminal defense possible. Our goal is to help you navigate through this difficult process with minimal collateral damage. Contact us today at 330-992-3036 for a free consultation. Your future may depend on taking action now.