What is Sexual Imposition in Ohio?

What is Sexual Imposition According to Ohio Revised Code Section 2907.06?

Sexual Imposition in Ohio is defined by Ohio Revised Code Section 2907.06. Pursuant to Ohio Revised Code Section 2907.06, no person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies: 

• The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.
• The offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.
• The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.
• The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.
• The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.

What is Sexual Contact?

Ohio Revised Code Section 2907.01 defines sexual contact as any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

What Happens at Trial For Sexual Imposition in Ohio?

Ohio Revised Code Section 2907.06(B) states, no person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence. This means that a person cannot be convicted of Sexual Imposition in Ohio if the only evidence existing to support the conviction is the words of the accuser.

What Are The Penalties For Sexual Imposition in Ohio?

Generally, Sexual Imposition is a misdemeanor of the third degree, which is punishable by a term of imprisonment of 60 days and/or up to a $500.00 fine. If the offender has previously been convicted of a sex offense, Sexual Imposition is a misdemeanor of the first degree, which is punishable by a term of imprisonment up to 180 days and/or up to a $1,000.00 fine. If the offender has previously been convicted of three or more sex offenses, the offender can be sentenced to up to one year in prison. In addition, the offender will be classified as a Tier I sex-offender and will be required to register every 12 months for 15 years.

What to do if You Are Accused of Sexual Imposition in Ohio

Being accused of Sexual Imposition in Ohio carries significant consequences and can have an extreme effect on one’s life, regardless of whether they are convicted or not. If you, or someone you know has been accused of Sexual Imposition in Ohio, it is recommended that you contact a criminal defense attorney who has specific knowledge and experience handling Sexual Imposition cases in Ohio. It is important to speak to an experienced Ohio criminal defense attorney before speaking to anyone about the allegations, as anything you say can and will likely be used against you, even if the statement is not made to law enforcement.

An experienced Ohio criminal defense attorney will be able to discuss your case and the allegations against you, help you gather evidence that may be beneficial for your defense, give advice on how to speak and act around loved ones who know about the accusations, and make sure that you are treated properly throughout any investigation or proceeding. If you are contacted by law enforcement, it is never recommended to make a statement. Instead, be polite but respectfully decline answering any questions. Immediately, contact an experienced Ohio criminal defense attorney. 

At Friedman Nemecek Long & Grant, L.L.C., our team of experienced criminal defense attorneys have travelled all across the State of Ohio representing individuals facing criminal investigations or charges related to Sexual Imposition allegations. Our lawyers stay abreast of the constant changes in legislation and/or court cases to ensure that our clients receive the most comprehensive and effective representation available. If you have questions regarding such matters, or you have been subjected to, or accused of, Sexual Imposition or other sexual misconduct, please call the law firm of Friedman Nemecek, & Long, L.L.C., at (888) 694-4645 for an initial consultation.