Lisbon Rape Defense Attorneys

At Youngstown Criminal Law Group, our dedicated team of Lisbon Rape Defense Attorneys is here to provide you with strong legal representation. We understand that facing rape charges is a serious matter that affects not only your legal standing but also your personal and professional life.

When defending against rape charges in Lisbon, it’s crucial to go beyond the legal elements of state laws. We believe in defending against an attempted character assassination, protecting your professional reputation, and minimizing the impact of a rape investigation on your loved ones.

With over 20,000 cases handled, our lead attorney, Sean Logue, has been recognized as a “Top Lawyers” by Columbus CEO Magazine in 2015. When you choose our firm, you can trust that your case will be handled with skill and professionalism.

Lisbon Rape Defense Lawyers

Uncorroborated victim testimony alone is insufficient to sustain rape charges in Lisbon. Our experienced Lisbon Rape Defense Lawyers know how to navigate the complexities of rape cases. We strategically target key pieces of the prosecution’s evidence and employ various defense strategies that may lead to the dismissal or reduction of charges against you.

We understand that Lisbon rape prosecutions can be emotionally draining. That’s why we approach every case with empathy and respect. It’s important to remember that you are innocent until proven guilty beyond a reasonable doubt.

Sean Logue’s decision to practice criminal defense law stems from his personal experience with police brutality as a teenager. Today, he and our team are committed to providing trustworthy legal defense to clients accused of rape and related sex crimes in Lisbon.

Do not hesitate to reach out to our Lisbon defense team today at 330-992-3036. We offer a free and confidential rape defense consultation to discuss your situation and provide you with the assistance you need.

Lisbon Rape Charges: An Overview of Ohio Code § 2907.02

Rape laws vary across the United States, and Ohio is no exception. Understanding how Ohio defines rape and the associated charges is crucial, particularly in Lisbon.

Ohio Code § 2907.02: The Definition and Consequences

In Lisbon, rape is a serious criminal offense, classified as a felony in the first degree. Those charged with rape in Ohio’s state courts fall under this specific code section. It’s important to note that the majority of Lisbon rape cases are tried at the state level rather than the federal level. The severity of rape charges in Ohio can lead to mandatory life sentences without the possibility of parole.

Exploring Lesser Charges

In a Lisbon rape indictment, it is common to find additional criminal charges or lesser-included sex offenses outlined in Ohio Code § 2907. These may encompass sexual battery, unlawful sexual conduct with a minor (statutory rape), gross sexual imposition, assault, battery, and domestic violence.

A Comprehensive Defense

In situations where prosecutors are unable to establish every element of rape under § 2907.02, defendants may still face conviction for a lesser-included sex offense. In such cases, individuals accused of rape in Lisbon can seek guidance and representation from our firm’s experienced sex crimes defense lawyers. We are dedicated to presenting a comprehensive defense strategy against rape and related charges under Chapter 2907.

Rape and Related Sex Crimes in Lisbon: Understanding the Distinctions

In Lisbon, Ohio, rape is classified as a first-degree felony, requiring prosecutors to present specific evidence of both the defendant’s criminal intent (mens rea) and the qualifying sexual conduct (actus reus). A failure to establish these elements may lead to the dismissal of rape charges, but it does not prevent Lisbon sexual assault prosecutors from pursuing alternative or lesser-included criminal charges. These lesser-included offenses encompass acts that would necessarily have been committed if the defendant were convicted of rape, while lesser sex crimes encompass slightly different forms of sexual conduct.

Understanding the Legal Elements of Rape in Ohio

Under Ohio law, an offender, upon conviction, cannot be found guilty of both rape and a lesser-included offense. However, one can still be convicted of rape along with a distinguishable lesser crime. In Lisbon, an individual may face rape charges under the following circumstances:

• The victim is under the age of 13, regardless of whether the defendant was aware of the victim’s age.
• The offender incapacitated the victim using drugs or alcohol, with the purpose of preventing resistance to the sexual conduct.
• The offender engaged in sexual conduct with a victim who was unable to consent or resist due to their age, mental disability, and/or physical limitations of which the defendant was aware.
• The offender physically restrained or harmed the victim, or coerced the victim into submitting to the sexual conduct through force or the threat of force.

Understanding Rape Charges and Related Sex Offenses

When it comes to rape charges and other sex offenses, it is vital to comprehend the key terms defined by the Ohio Revised Code. This article aims to shed light on “sexual conduct” leading to rape charges, the criminalization of both “sexual conduct” and “sexual contact” in Ohio, and the various sex offenses one could face in Lisbon.

• Sexual Conduct: Defined as nonconsensual vaginal, anal, or oral sex between individuals, “sexual conduct” is irrespective of the parties’ genders and includes penetration by body parts, instruments, or other means. Notably, even acts like oral sex, anal sex, and minimal vaginal penetration fall under the category of sexual conduct, leading to rape charges.

• Sexual Contact: This refers to any intentional stimulation of another person’s erogenous zones for the purpose of sexual arousal or gratification. Erogenous zones include, but are not limited to, genitals, buttocks, thighs, or female breasts. While sexual contact may occur in conjunction with sexual conduct, it alone does not constitute rape and has its own legal implications.

• Sexual Activity: This encompasses both sexual conduct and sexual contact or any combination thereof. It is essential to note that not all sexual activities are punishable under the rape statute in Ohio.

Sexual Battery

Involves engaging in sexual intercourse with an individual who is substantially impaired, unconscious, or subjected to undue coercion. For instance, if administering an intoxicating substance cannot be proven, the prosecution may charge the offender with sexual battery (Ohio Code § 2907.03). Sexual battery extends to cases involving minors or when the offender holds a position of power over the victim. It is a felonious offense and often considered a lesser-included offense of rape in Lisbon.

Unlawful Sexual Conduct With a Minor (Statutory Rape)

Statutory rape (Ohio Code § 2907.04) occurs when an individual over the age of 18 engages in consensual sexual conduct with someone between the ages of 13 and 16. It is typically classified as a felony, although it may be reduced to a misdemeanor if certain criteria are met, known as the Romeo and Juliet mitigation. This offense is considered a lesser-included offense of rape when the victim is between 13 and 16 years old.

Gross Sexual Imposition & Sexual Imposition (Molestation)

Gross sexual imposition (Ohio Code § 2907.05 and 2907.06) involves the offender forcibly engaging in sexual contact with the victim without their consent, particularly in cases where the victim is a minor, impaired, or unaware of the contact. Any unlawful contact intended to induce sexual arousal is generally prosecuted as sexual imposition. Gross sexual imposition is classified as a felony, while sexual imposition may be charged as either a misdemeanor or felony. In Lisbon, these offenses are frequently included as lesser charges in rape cases.

In Lisbon, individuals accused of rape may face multiple charges for a single act. Prosecutors sometimes employ exaggerated indictments to pressure defendants into pleading guilty to rape before seeking advice from Lisbon sex crimes attorneys who can safeguard their rights.

Categories of Sexual Conduct Constituting Rape in Lisbon

Understanding the different categories of conduct that constitute rape in Ohio is crucial. By defining these categories, we can recognize what falls within the scope of rape and what does not. Let’s take a closer look at the four summarized categories of rape:

Involuntary Chemical Incapacitation:

In this category, rape occurs when:

• The offender secretly, forcefully, threateningly, or deceptively administers a drug, intoxicating substance, or intoxicant to the victim.
• The victim’s personal judgment or physical control is substantially impaired due to the administered intoxicant.
• The intoxicant is purposefully given to prevent the victim from resisting sexual conduct.

Child Rape

Prosecutors simply need to prove that the victim was under the age of 13 when the sexual conduct took place. Keep in mind that this is a strict liability crime, meaning the defendant doesn’t need to be aware of the victim’s age.

Mental or Physical Impairment/Elder Rape

This particular form of rape occurs under the following circumstances:

• The victim’s ability to consent or resist the sexual conduct was significantly impaired due to a mental or physical condition, or due to advanced age (e.g., someone in a nursing home).
• The offender knew or should have known that the victim was impaired in such a way.

Force/Threat of Force

In this scenario, the offender coerced the victim to engage in the sexual conduct through force or the threat of force. It is important to note that marriage does not serve as a defense in cases of this nature.

In addition to falling into at least one of these four categories, Lisbon rape prosecutors must prove the following:

• The involved parties engaged in “sexual conduct” as defined by Ohio Code § 2907.01.
• For the first three categories mentioned above, the parties were not “spouses” at the time of the incident. The criteria for being considered “spouses” are as follows: living together, in a lawful marriage, and not separated or in the process of a divorce or annulment.

During the sentencing phase of a Lisbon rape prosecution, additional factors are taken into consideration, such as the actual age of the child, the victim’s physical injuries, any diseases transmitted, and the defendant’s mental state. For instance, raping a child under the age of 10 may result in life imprisonment without the possibility of parole, whereas defendants who had reasonable belief that the victim was over 13 may face lesser penalties.

Lisbon Sexual Assault Task Forces and Rape Investigation Procedures

The City of Lisbon is committed to combatting sexual assault through a comprehensive approach involving both public and private task forces. These dedicated teams work tirelessly to investigate and prevent sexual assault, ensuring the safety and well-being of our community.

At the forefront of this effort is the Lisbon Police Department’s (CPD) personal crimes unit, comprising highly trained detectives specializing in rape and sexual assault investigations. Alongside them, the Columbiana County Prosecuting Attorney’s Office plays a vital role, housing divisions dedicated to sex offender registration, felony trial proceedings, and victim-witness advocacy.

In Lisbon, a team of skilled prosecutors and investigators focus specifically on rape and sexual assault cases. Drawing from their wealth of experience in sex crimes investigations, they stand prepared to handle even the most complex scenarios. If you or someone you know is facing accusations of rape in Lisbon, our firm can provide a criminal defense lawyer with specialized expertise in navigating these sensitive matters.

Let us now explore how typical Lisbon rape investigations unfold:

Report

In the event of an alleged rape, the victim, their loved ones, or a mandatory child rape reporter (such as a doctor, teacher, counselor, or social worker) may contact the Lisbon police to report the incident. Alternatively, the police themselves may respond promptly to the scene of the crime or the hospital.

Rape Kit/Initial Affidavit

If deemed applicable, the victim will undergo a forensic rape examination, popularly known as a rape kit exam. This crucial step ensures the preservation of DNA or other significant evidence relating to sexual conduct. Notably, in cases where the victim is under the age of 13, the presence of foreign DNA evidence alone is sufficient grounds to file rape charges immediately. In other situations, this physical evidence must be accompanied by the victim’s sworn testimony recounting the incident of nonconsensual sexual conduct. Additionally, if the victim alleges involuntary intoxication, there may be a requirement for a blood sample to be taken.

In-Depth Victim Interview

Experienced sex crimes investigators’ first priority is to conduct a thorough interview with the victim and any witnesses. This crucial step helps gauge the veracity of the victim’s account before proceeding with a full-scale rape investigation. In some cases, parents report incidents that involve consensual conduct by minors but bring up concerns about potential parental retaliation. In such situations, detectives may choose to open a statutory rape investigation rather than a traditional rape case.

Investigation

After establishing the victim’s credibility, sexual assault detectives launch a comprehensive investigation. This phase may involve obtaining warrants to collect the defendant’s DNA or meticulously examining the crime scene. Additionally, investigators typically interview the defendant’s family members, friends, and other potential witnesses to gather critical evidence.

One important aspect of the investigation involves attempting to interview and detain the defendant before they retain a Lisbon prostitution attorney. The defendant’s testimony can provide crucial corroborating evidence, although it’s important to note that speaking with the police is not mandatory. Defendants cannot be penalized for exercising their right to remain silent and consult with legal counsel.

Indictment and Arrest

Once detectives gather substantial evidence substantiating the elements of rape in Lisbon, the case is transferred to the prosecutor’s office. Since rape charges are always felonies, prosecutors must present the evidence before a grand jury.

If the grand jury indicts the defendant for rape under Ohio Code § 2907.02, an arrest warrant is issued, resulting in the official arrest and formal charging of the defendant for rape in Lisbon. At this stage, the defendant is entitled to request the appointment of a criminal defense attorney.

It’s crucial to understand that individuals accused of rape do not have to wait until they are arrested to seek legal representation. If you find yourself contacted regarding a potential sexual assault, you have the right to respectfully decline to speak with the police until you have consulted with a Lisbon sex crimes lawyer.

Our experienced Lisbon sex crimes attorneys can evaluate your situation and advise you on whether it is in your best interest to provide a statement.

Common Introduction of Testimonials and Physical Evidence in Lisbon Rape Cases

In the handling of rape prosecutions, particular rules and procedures govern Lisbon rape cases due to the sensitive nature of these proceedings. While sexual assault investigators face minimal restrictions in obtaining evidence, attorneys encounter limitations when introducing testimonial evidence during rape proceedings.

Physical Evidence

Regarding physical evidence, there are no specific limitations if investigators collect the evidence in accordance with Fourth Amendment procedures and the evidence is both scientifically reliable and not unduly prejudicial to the case. Physical evidence routinely gathered and introduced during Lisbon rape proceedings includes:

• Biological evidence collected from the victim’s body to establish the presence of foreign DNA (such as sperm, blood, pubic hair, or skin cells)
• DNA samples obtained from all parties involved
• Pubic hair samples from the parties
• Drug test results from the victim’s blood and hair, particularly if involuntary intoxication is alleged
• Clothing fibers and evidence retrieved from underneath the victim’s fingernails
• The victim’s clothing from the date of the offense
• Physical evidence collected from the alleged crime scene, including bedding, condom wrappers, clothing, and possible drug paraphernalia

Testimonial Evidence

Testimonial evidence in rape cases can be intricate and multi-faceted. It involves the accounts and perspectives of witnesses, the victim, and the defendant regarding the incident in question. They provide their version of the facts and testify about relevant sexual conduct. It is crucial to note that defendants should only testify with the expert guidance of a Lisbon prostitution attorney.

However, it’s important to be aware that Ohio’s rape statute restricts the introduction of certain information during rape prosecutions. Unless prosecutors introduce the evidence for a specific purpose (such as proving motive or demonstrating that any DNA evidence belongs to someone else) and a Lisbon judge conducts a private evidentiary hearing to evaluate the value and limited admissibility of the evidence, the following types of testimony are prohibited:

• Testimony concerning the defendant’s past sexual history, including specific instances of sexual activity, opinions about their sexual activity, and their sexual reputation.
• Testimony concerning the victim’s past sexual history, instances of sexual activity, opinions about their sexual activity, and their sexual reputation.
• Evidence pertaining to the parties’ overall sexual history, unless it is directly relevant and material to the case. This may include aspects such as the origin of semen, pregnancy, or an STD, past sexual history between the parties, or evidence that sheds light on the defendant’s motive for the rape.

Before trial, the judge will hold a hearing outside the jury’s presence, allowing arguments for and against the introduction of the aforementioned testimonial evidence. During this hearing, the victim can be represented by private counsel to safeguard their personal interests when there is a conflict with the prosecution’s position. Apart from this distinctive pretrial hearing, the criminal court process for rape prosecutions in Lisbon follows standard felony-level criminal procedures.

By improving the structure and making the content engaging, the complexities of testimonial evidence in rape cases become more accessible and understandable.

Defending Against Rape Charges in Lisbon: Common Legal Strategies

When facing rape charges in Lisbon, defendants need a strong legal defense to protect their rights. In this article, we will explore some of the most common legal defenses that experienced Lisbon prostitution lawyers use to challenge the prosecution’s case. By understanding these strategies, defendants can work towards favorable outcomes, such as dropped charges, plea deals, or reduced sentences.

Consent

At the core of rape cases lies the issue of consent. While consensual sex is not a crime, the absence of clear or legal consent makes it an offense. Defendants can raise a defense based on their belief that the victim consented, but supporting evidence is crucial. It is essential to note that consent alone is a complete defense unless the victim was disabled, under 13 years old, or if the defendant is charged with statutory rape. Victim testimony must be supported by additional evidence of nonconsensual sexual conduct.

DNA/Rape Kit Abnormalities

Timely rape kit examinations play a vital role in obtaining foreign DNA evidence, usually within three days of the sexual encounter. However, a significant delay in submitting to a rape kit exam may lead to the loss of crucial DNA evidence. Skilled Lisbon sex crimes attorneys may argue that evidence from a delayed rape kit examination, conducted weeks after the alleged rape, could be more prejudicial than probative. Furthermore, they may present the refusal to submit to a rape examination as evidence of a consensual encounter.

Marriage

Marriage can serve as a complete defense against a rape charge, but specific criteria must be met. The parties involved must have been living together in a valid marriage at the time of the alleged sexual conduct. Although the spousal rape exception often draws criticism, it is worth noting that rape allegations can arise during contentious child custody and divorce proceedings. These allegations may be weaponized to discredit the other party involved. However, the exception does not apply to forcible rape or when the parties were separated, divorcing, or undergoing an annulment process.

Statute of Limitations Defense

In Ohio, the statute of limitations for rape is 25 years, as stated in Ohio Code § 2901.13. A rape prosecution must begin within 25 years after the alleged act or 25 years after the victim turns 18, whichever is later. However, exceptions exist, such as a later discovered DNA match, which extends the statute of limitations by five years. Failing to file charges within the specified time frame necessitates the dismissal of a rape indictment.

Constitutional Challenges

Constitutional defenses play a crucial role in criminal charges, including rape cases. Failure to indict, provide defense counsel, assemble an impartial jury, present witnesses against the defendant, and adhere to the “speedy trial” deadline are common constitutional defenses. These defenses supplement the typical constitutional evidentiary defenses that arise under the Fourth Amendment.

Fourth Amendment Evidentiary Defenses

The gathering of evidence during sexual assault investigations must comply with the Fourth Amendment. Law enforcement must obtain a valid warrant based on probable cause, rather than a mere suspicion, to collect most evidence. Any evidence obtained in violation of the Fourth Amendment is inadmissible in court. Additionally, any evidence collected as a direct result of an illegal seizure is also excluded.

It is important to note that not every defense applies universally to all categories of rape, nor are they all available in each rape prosecution. For instance, consent is never a defense to the rape of a child, and marriage does not serve as a defense to violent rape.

Our firm’s Lisbon prostitution attorneys are highly skilled in analyzing rape indictments and determining the available procedural, evidentiary, constitutional, and affirmative defenses in a specific case. We are dedicated to ensuring that your defense is strong and effective.

Possible Direct Penalties for Lisbon Rape Convictions

Rape is considered a first-degree felony, per Ohio Code § 2929.14, making it the highest-level felony in Ohio. Convictions for first-degree felonies come with severe repercussions, ranging from five years to life imprisonment without the possibility of parole, coupled with fines of up to $20,000. While judicial discretion is typically exercised during rape sentencings in Ohio, certain mandatory minimum penalties exist for rape cases specifically in Lisbon.

Once convicted, offenders can expect a minimum punishment based on the circumstances of their crime:

• Five years of mandatory imprisonment for cases involving rape facilitated by involuntary intoxication or force.
• Life imprisonment without the possibility of parole for the violent rape of a child under 10 years of age, as outlined by Ohio Code § 2971.03.

Penalty for Rape: Life Imprisonment

However, judges have the authority to impose even harsher penalties, taking into account the details of each case. In Lisbon, convicted rapists may be sentenced to a lifetime in prison without parole if any of the following factors are present:

• The rape involved a child victim under the age of 10.
• The rape involved an act of violence.
• The victim suffered physical harm.
• The offender has a prior conviction for rape or a similar crime in any jurisdiction.

It is important to note that there is an exception to life imprisonment if the offender meets the following criteria: they were under the age of 16, the victim was over the age of 10, there was no physical harm inflicted upon the victim, and it was the offender’s first-time offense.

Lisbon Rape Conviction: Additional Penalties

The impact of a Lisbon rape conviction extends beyond imprisonment. Mandatory penalties include life registration on the Ohio Sexual Offender Registry, post-release control/probation, and restitution for costs incurred by the victim. These costs include medical and psychological bills. Defendants are also required to attend rehabilitation programs for drug, alcohol, and/or sex offender related issues. Additionally, they must bear the financial burden of investigation and court costs, fines, and restitution.

Avoiding a Lisbon rape conviction becomes imperative, as it is the only way to spare defendants from enduring these life-altering consequences. Judges have no choice but to impose these penalties, regardless of mitigating factors. Keep in mind that, under Ohio law, a conviction could result in life imprisonment.

The Indirect, Collateral, and Unanticipated Consequences of a Lisbon Rape Conviction and Designation as a Sexual Offender

A sentence of life imprisonment without parole is a rare occurrence, usually reserved for Lisbon’s most heinous offenders, such as child rapists or those charged with elder abuse or physical violence against the victim. However, the release of convicted sex offenders in Columbiana County reveals the significant collateral and often unexpected consequences of a Lisbon rape conviction.

Collateral Consequences of Conviction

Once designated as a felon and a Tier III sex offender, individuals face mandatory lifetime registration on the Ohio Sexual Offender Registry. This designation brings about various collateral consequences, including:

• Severe residency and work restrictions within designated school zones
• Personal identifying information appearing on the Ohio Sex Offender Registry
• Neighborhood notification within 1200 feet of the offender’s residential address, including information about their identity, crime, and release
• Mandatory check-ins with local law enforcement every 90 days for life
• Loss of employment and professional licenses
• Inability to obtain professional licenses
• Rejection or inability to attend Ohio public schools and universities
• Ineligibility for financial aid, home loans, and financing
• Revocation of Second Amendment rights (for violent rapists)
• Loss of child custody rights and inability to foster or adopt
• Restrictions on domestic and international travel
• Deportation for non-citizens and inability to obtain foreign visas
• Loss of or inability to obtain certain recreational licenses (e.g., boating, hunting, fishing)
• Limitations on the use of public facilities, such as parks, libraries, and pools

Ohio Sexual Offender Registry: Reported Items

The collateral consequences of a case and an offender’s residence, profession, and locale often determine the nature of these consequences. Alongside potential indirect repercussions, the following information will be listed on the Ohio Sexual Offender Registry:

• Legal name and/or aliases (public)
• Photo (public)
• Home address (public)
• Work address (public)
• Conviction type and/or criminal designation (public)
• Vehicle information (public)
• Screen names (private)
• Phone numbers (private)
• Email addresses (private)
• Internet handles or online designations (private)

To ensure compliance, Tier III sex offenders must provide the above details to law enforcement officials and update them every 90 days. Failure to adhere may lead to parole revocation, additional criminal charges, and/or re-imprisonment.

Frequently Asked Questions about Rape Addressed by Lisbon’s Rape Defense Attorneys

Provided below are comprehensive responses to common inquiries received by the esteemed Lisbon sex crimes lawyers at Youngstown Criminal Law Group:

Q: What Constitutes Rape in Ohio?

A: In Ohio, rape encompasses engaging in nonconsensual sexual activity with another person through forceful acts, violence or threats, administration of drugs to the victim, or when the victim is unable to provide consent due to age, mental or physical incapacity. Rape charges may also apply if the victim is mentally or physically disabled. For legal purposes, “sex” refers to vaginal, anal, and/or oral sexual conduct, regardless of the genders involved.

Q: What Are the Penalties for Rape in Ohio?

A: For Ohio offenders convicted of rape, the crime is classified as a first-degree felony punishable by a prison term ranging from five years to life without parole, as well as a fine of up to $20,000. Certain penalties are mandatory, while judges possess discretion in imposing others. Convicted rapists are also designated as Tier III sex offenders and are required to register on the Ohio Sexual Offender Registry for life.

Q: What Is the Maximum Sentence for Rape in Lisbon?

A: The maximum sentence for rape in Lisbon is life imprisonment without the possibility of parole. This sentence becomes mandatory if the rape involves a child under the age of 10 and resulted in harm through the use of force. It is also an authorized sentence (not mandatory), under several circumstances, including if the victim was under the age of 10, suffered physical harm, if the rape occurred through violence or threats, or if the offender had a prior rape conviction in Ohio or another jurisdiction.

Q: What Is Felony Rape?

A: All instances of rape are considered felony charges. A conviction for rape in Lisbon results in a first-degree felony, the most severe category. Additionally, the term “felony rape” can also refer to cases where rape is committed while in the commission of another felony, such as murder or robbery, with accomplices being held legally responsible for the alternative felony as well.

Q: What Constitutes Statutory Rape in Ohio?

A: In Ohio, statutory rape, also known as “unlawful sexual contact with a minor,” is different from rape in that both parties actually “consented” to the sexual conduct, but one of the parties was too young to legally do so. Statutory rape occurs when the victim was 13, 14, or 15 at the time of the sexual conduct, or when the victim was 16 or 17 and the offender was at least four years older.

It is important to note that any form of sexual conduct with a minor under the age of 13 is considered rape, not statutory rape, regardless of the offender’s age. Statutory rape is classified as a felony, unless the Romeo and Juliet mitigation applies.

Q: What Is Attempted First-Degree Rape?

A: Attempted first-degree rape refers to cases where the offender:

• Intended to rape the victim
• Took an affirmative step towards accomplishing the rape but was prevented from engaging in the sexual conduct.

For instance, an offender who drugs a victim with the intention of rape has committed attempted first-degree rape, even if the victim is saved by a friend or successfully defends against the sexual conduct. Even a minor overt step, such as bringing the date rape drug into a bar, may result in attempted rape charges, which carry similar punishment to a rape conviction.

Q: What Are Some Defenses Against Rape Charges?

A: The most common defenses against rape charges in Lisbon include:

• Procedural and Constitutional violations
• Consent
• Lack of DNA evidence
• Lack of corroborating evidence
• Marriage
• Expiration of the statute of limitations
• Age/diminished capacity of the offender

The availability of defenses depends on the category of rape charged and the circumstances of the offense.

Q: How Can a Lisbon Rape Defense Attorney Help?

A: When it comes to rape charges in Lisbon, a conviction based solely on the victim’s testimony is not possible. Without supporting DNA, testimonial, or physical evidence, the prosecution lacks the foundation to sustain such charges. However, sexual assault investigators often employ tactics to extract corroborating evidence from the accused, including deceptive techniques aimed at getting a confession of being present at the scene of the crime. While police are permitted to do this, defendants are not obligated to incriminate themselves. A refusal to testify cannot be held against a defendant in rape proceedings.

At our firm, we understand the importance of protecting your rights and minimizing the risk of providing incriminating evidence to rape investigators. By promptly reaching out to a Lisbon sex crimes lawyer from our team, we can swiftly begin safeguarding your interests. Our experienced criminal defense attorneys are equipped to represent you at every stage of the proceedings, including:

• Building a solid defense against rape charges
• Challenging the prosecution’s evidence
• Skillfully negotiating for a favorable plea deal
• Vigorously fighting for acquittal or advocating for a reduced sentence
• Pursuing appeals to Ohio’s highest court, if necessary

Q: What Is Romeo and Juliet Mitigation in a Rape Defense?

A: In certain cases of statutory rape, the Romeo and Juliet clause can be invoked as a defense strategy. This provision recognizes that consensual sexual activity between two individuals may occur when one is a minor and the age difference between the parties involved is minimal (four years or less). Consequently, it can lead to a reduction in statutory rape charges for the accused.

In Ohio, the Romeo and Juliet provision is defined in subsection (B)(2) of Ohio code § 2907.04. It is crucial to note, however, that despite its mitigating effect, this provision does not constitute a complete defense to charges of unlawful sexual conduct with a minor in Lisbon.

Q: What is the Statute of Limitations for Rape in Ohio?

A: The statute of limitations for rape in Ohio is 25 years, as outlined in the Ohio Revised Code § 2901.13. However, there is an extension to the statute of limitations if a DNA record matches evidence from a rape investigation and the alleged rape occurred more than 25 years ago. In such cases, prosecution can commence within five years of the DNA match.

Lawyers specializing in Lisbon rape defense cases.

For comprehensive guidance on Lisbon rape charges and the available defenses, reach out to Youngstown Criminal Law Group. Our experienced and dedicated Lisbon rape defense attorneys provide free, confidential consultations. Safeguarding the rights of individuals accused of rape in Ohio is our priority. Get in touch with our Lisbon sex crimes defense team today for reliable legal support. Contact Youngstown Criminal Law Group at 330-992-3036.