Lisbon’s Legal Expert in Gross Sexual Imposition Cases

The Youngstown Criminal Law Group in Lisbon, Ohio, is your trusted ally if you find yourself facing charges or an arrest for gross sexual imposition. We understand that these cases can be complex and that defendants may not fully comprehend the laws that have led to their indictment.

With more than 20,000 criminal cases successfully handled in Ohio, our law firm has earned national recognition for our expertise, professionalism, and dedication. Led by our principal attorney, Sean Logue, a distinguished member of the Bar Register of Preeminent Lawyers, we are committed to obtaining the best possible outcome for your case.

At the Youngstown Criminal Law Group, we believe in protecting your rights. Our Lisbon sex crimes attorneys have been honored with accolades such as the “10 Best Attorney” designation from the esteemed American Institute of Criminal Law Attorneys and the coveted “Rising Star” recognition from the renowned Super Lawyers attorney rating service.

Attorneys in Lisbon specializing in cases of gross sexual imposition

Facing allegations of gross sexual imposition can be an overwhelming experience, with repercussions that could potentially have a lasting impact on your reputation and freedom. However, it’s crucial to retain hope and understand that effective legal defense is within reach. At Youngstown Criminal Law Group, our team of experienced and skilled Lisbon prostitution attorneys specialize in defending individuals against sex charges.

We initiate our process by conducting a thorough investigation of your case, meticulously reviewing the prosecution’s evidence to develop the most effective defense strategies. Our goal is to secure a positive outcome for you, whether it involves dismissing the case, reducing charges, or challenging the prosecution’s evidence. Should investigators violate your Fourth Amendment right to privacy, we will vehemently suppress any illegally obtained evidence to weaken the prosecution’s case.

With expertise in challenging witness credibility, providing alibis, and disputing mistaken identities, our attorneys have a track record of achieving favorable results for our clients. Your unique case will determine the tailored approach we undertake, employing our in-depth knowledge of Ohio’s criminal laws. Our reputation extends beyond our legal expertise, as we have been recognized as subject matter experts by reputable media outlets such as 4 NBC, 6 ABC, 28 FOX, 10 WBNS, The Plain Dealer, and The Columbus Dispatch.

When you choose Youngstown Criminal Law Group, you are selecting a team of Lisbon sex crimes lawyers who not only possess legal proficiency but also prioritize your best interests. We understand the challenges you are facing, and we are here to guide you through this legal journey. To discuss your case in a private, no-obligation consultation, call us today at 330-992-3036.

Gross Sexual Imposition in Ohio: An Overview

Ohio’s laws addressing gross sexual imposition can be found in the Ohio Revised Code § 2907.05. This statute outlines various situations in which engaging in sexual contact is illegal, except between spouses. Let’s examine these circumstances:

• Forceful Coercion: The law forbids engaging in sexual contact using force or the threat of force, when the other person submits to the contact as a result.

• Impairment by Substances: It is also unlawful to take advantage of someone who cannot resist sexual contact due to the administration of controlled substances, intoxicants, or drugs. Whether through deception, force, or threat, impairing a person’s control or judgment is a serious offense.

• Impairment through Medical Procedures: If an offender knowingly exploits an individual who is substantially impaired from a drug or intoxicant administered during a medical or dental procedure, they are committing gross sexual imposition.

• Age Considerations: Ohio law dictates that engaging in sexual contact with someone under the age of 13 is strictly prohibited. It is important to note that the offender’s awareness of the other person’s age is irrelevant in this context.

• Vulnerability of Others: Individuals who take advantage of someone with a mental or physical condition, or due to their advanced age, commit gross sexual imposition. The offender’s knowledge or reasonable belief in the affected person’s impairment is crucial.

Furthermore, Ohio Revised Code § 2907.05 identifies intentionally touching another person’s genitalia as gross sexual imposition in specific circumstances:

• Lack of Clothing: Engaging in direct contact with another person’s genitalia, without any clothing barrier, is deemed gross sexual imposition.

• Age Limit: Regardless of the offender’s knowledge, touching the genitalia of someone under the age of 12 is strictly prohibited.

• Intent of Abuse or Humiliation: When an offender touches another person’s genitalia with the intention to abuse, harass, humiliate, degrade, or derive sexual arousal or gratification, it constitutes gross sexual imposition.

Charging Gross Sexual Imposition in Lisbon: Understanding Ohio Law

In Lisbon, the handling of cases involving gross sexual imposition is governed by Ohio law. As per the law, the act itself is typically classified as a fourth-degree felony. However, there are certain circumstances that can escalate the severity of the offense.

One such circumstance is if the alleged offender administered a controlled substance to the victim. In such cases, the crime is elevated to a third-degree felony, reflecting the increased gravity of the situation.

Moreover, it is important to note that if the victim is under the age of 13, the charge automatically becomes a third-degree felony. This provision serves as a crucial measure to protect and prioritize the well-being of young individuals.

Ohio Penalties for Gross Sexual Imposition

If you’re convicted of gross sexual imposition in Ohio, the penalty you face will depend on the specific charges brought against you. The severity of the crime will determine whether it is treated as a fourth-degree felony or a third-degree felony. Refer to Ohio Revised Code § 2929.14 for more information on the exact penalties for each charge:

• Fourth-degree felony: A definite prison term ranging from six to 18 months, accompanied by a fine of up to $5,000.
• Third-degree felony: A prison term ranging from nine to 36 months, coupled with a fine of up to $10,000.

It is important to note that Ohio law mandates a mandatory prison sentence for cases involving gross sexual imposition against a victim under the age of 13, especially if the offender has a prior conviction or has pleaded guilty to rape. This applies not only to past cases of felonious sexual penetration, sexual battery, or gross sexual imposition but also to situations where the victim is under 13 years old.

Additionally, Ohio law, effective since August 3, 2006, requires the prosecution to present evidence beyond the testimony of the victim in such cases.

Collateral Consequences of a Conviction

In addition to the aforementioned penalties and fines, a conviction for gross sexual imposition can result in the loss of various civil rights. Your reputation will be forever tarnished, and you will be required to register as a sex offender, which will have a lifelong impact. Remember, the consequences of this conviction are far-reaching and enduring.

Compelling Evidence in Lisbon, OH Gross Sexual Imposition Case

In any sex crime case, DNA evidence, derived from saliva, hair, skin, or semen, often becomes the pivotal piece of “star evidence.” However, the prosecution can also rely on various other types of evidence that hold equal importance. This article explores the significance of non-DNA evidence, highlighting compelling examples and shedding light on evidentiary constraints that may arise in a sex case in Ohio.

While DNA evidence takes center stage, additional types of evidence can significantly influence the prosecution’s case. The following examples illustrate their relevance:

• Digital evidence: Uncovering electronic trails.
• Toxicology reports: Shining a light on substances present.
• Controlled substances: Establishing patterns and connections.
• Evidence from the crime scene: Providing crucial contextual information.
• Latent fingerprints: Identifying potential culprits.

Evidentiary Constraints in a Sex Case in Ohio

Understanding the limitations and boundaries within a sex case in Ohio is crucial for both the prosecution and the defense. Key points to note include:

The absence of physical resistance: Challenging common misconceptions.

Restrictions on discussing the alleged victim’s sexual history: Focusing on the present case.

Corroborating evidence: Strengthening the prosecution’s position through additional proof.

Due to the sensitive nature of certain evidence, its admissibility requires scrupulous evaluation. The court engages in a preliminary hearing, held in chambers at least three days before the trial, to decide the admissibility of evidence. 

Prosecution of Gross Sexual Imposition must occur within a strict timeframe of 20 years.

According to Ohio Revised Code § 2901.13, there is a 20-year statute of limitations for prosecuting the crime of gross sexual imposition. This means that Lisbon prosecutors are required to initiate legal proceedings within 20 years after the alleged act, conspiracy, attempt, or complicity to commit the act has occurred. It is crucial to ensure the timely prosecution of such cases to uphold the principles of justice and protect the rights of the victims.

Gross Sexual Imposition Defenses in Ohio: An In-Depth Analysis

Our legal team possesses the experience, knowledge, and commitment to build a strong defense on your behalf if you’ve been charged with gross sexual imposition in Ohio. We’ll conduct an independent investigation of the alleged offense and thoroughly review the prosecution’s case and evidence.

Below are some potential defenses to the sex charges:

Consent

Since “force” is a vital component of gross sexual imposition, if all parties engaged in sexual contact voluntarily and are over 16 years old, no crime has occurred.

Mistaken Identity

Recollection can be distorted during traumatic events, which can result in innocent individuals being wrongly charged. Factors such as poor lighting, impairment due to controlled substances, or intoxication can contribute to a mistaken identity defense. Raising reasonable doubt in this regard could lead to dropped charges or case dismissal.

No Sexual Contact

This defense asserts that the crime did not occur at all. Our Lisbon sex prostitution lawyers will challenge the credibility of the accuser, highlighting potential exaggerations or falsehoods. Sometimes, adults manipulate minors into making false accusations. Our legal team will analyze the evidence and identify weaknesses to convince the jury that no crime took place.

Violation of Your Fourth Amendment Rights: Uncovering the Defense Strategies

One example of our defense strategies is suppressing unlawfully obtained evidence. If law enforcement officers entered and searched your home without a warrant or probable cause, our skilled Lisbon sex crime attorneys can file a motion to suppress evidence, as well as any evidence stemming from the initial violation. This strategic move can swiftly dismantle the prosecution’s case, often leading to a dismissal.

Examining the Chain of Custody: A Thorough Analysis to Identify Procedural Violations

Our legal team meticulously examines the chain of custody—the process of collecting, transferring, and storing evidence in a criminal trial. This rigorous analysis involves scrutinizing the paper trail for any procedural violations. In cases involving gross sexual imposition, where DNA evidence frequently plays a pivotal role, our attorneys vigorously challenge any improper storage or testing of DNA. By using the chain of custody defense and filing a motion to suppress such evidence, we can significantly weaken the prosecution’s case, potentially resulting in its collapse.

Establishing an Unbreakable Alibi: Asserting Your Innocence

Through the Ohio Revised Code § 2945.58, we exercise your right to establish an alibi. By effectively notifying the prosecuting attorney within the designated timeframe, our defense attorneys assert that you could not have committed the alleged act of gross sexual imposition because you were elsewhere during the purported offense. This powerful defense strategy reinforces your innocence and can have a profound impact on the outcome of your case.

Frequently Asked Questions (FAQs) About Gross Sexual Imposition in Columbiana County:

Q: What Is Gross Sexual Imposition?

A: Gross sexual imposition, as defined by Ohio law, occurs when an individual engages in sexual contact with someone other than their spouse through force, threat of force, or the administration of a controlled substance that impairs the victim’s ability to exercise sound judgment. It may also apply if the other person is under the influence of an intoxicant administered during a medical procedure, under 13 years of age, or suffering from a mental or physical condition or advanced in age, leading to impaired control or judgment.

Q: What Is the Sentence for Gross Sexual Imposition in Ohio?

A: The sentence for this offense in Ohio varies depending on the circumstances. When charged as a fourth-degree felony, the prison term ranges from six to 18 months. If charged as a third-degree felony, the sentence extends from nine to 36 months.

Q: How Do You Prove Gross Sexual Imposition?

A: To prove a gross sexual imposition case, the prosecutor must present evidence that the defendant knew the alleged victim would find the sexual contact offensive. It is not necessary for the prosecutor to prove that the victim resisted the sexual contact.

Q: Is Gross Sexual Imposition a Felony in Ohio?

A: Yes, gross sexual imposition, also known as GSI, is charged as a fourth-degree felony in Ohio. Additionally, if the offense involves administering a controlled substance to the victim or if the victim is under 13 years of age, GSI becomes a third-degree felony.

Q: How Can I Challenge a Gross Sexual Imposition Charge in Lisbon?

A: Our experienced gross sexual imposition attorneys in Lisbon can employ various defense strategies tailored to your specific case. We may argue mistaken identity, question witness credibility, raise constitutional violations, challenge chain of custody issues, or present an alibi defense. These are just a few examples of potential defense strategies we can explore.

Lisbon, OH Defense Lawyer Handling Cases of Gross Sexual Imposition

As an attorney specializing in defense against allegations of gross sexual imposition in Lisbon, Ohio, I understand the life-altering impact that a conviction for this felony offense can have on you. Not only could it result in several years of imprisonment, but it can also lead to significant collateral consequences that affect your ability to find employment, secure housing, or maintain custody or visitation rights.

The seriousness of an investigation into gross sexual imposition should never be taken lightly. That is why I urge you to reach out to our experienced legal team in Lisbon. We will not only guide you through the judicial process but also ensure that your rights are protected every step of the way. For a free consultation, do not hesitate to contact the Youngstown Criminal Law Group at 330-992-3036.