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Joslyn Law Firm - Columbus Sex Crime Lawyer: Sexual Imposition Ohio Definitions, Penalties, and Defenses

Sexual Imposition

Ohio Definitions, Penalties, and Defenses

The crime of sexual imposition is governed by ORC § 2907.06, which provides, in pertinent part:

(A) 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:

(1) 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.

(2) 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.

(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.

(4) 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.

(5) 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.

Analysis:

Sexual imposition is a specific intent crime, in that it requires that the offender commits the crime knowingly (i.e., with awareness and purpose).

The victim’s mental state and ability to understand the nature of the criminal act are  also at issue in determining whether the offender intentionally committed the crime of sexual imposition. That is, if the victim submits due to unawareness or inability to control the offender’s criminal conduct, the offender assumed a position of control over the victim and took advantage of the victim’s vulnerability due to the victim’s unawareness of the sexual contact.

Ages of Offender and Victim:

To be found guilty of the crime of sexual imposition, the offender must be at least eighteen years of age and four or more years older than the victim, who must be thirteen to fifteen years old.  The offender will be found guilty whether or not the offender knows the victim’s age.

Mental Health Professionals

If the offender is a mental health professional, the offender engages in the crime of sexual imposition when falsely representing to the client or patient that the sexual contact is necessary for treatment purposes and induces the client or patient to submit.  Such an act of egregious overreaching rises to the level of the specific intent crime.

Penalties (ORC § 2907.06 (B))

Sexual imposition is a misdemeanor of the third degree, punishable by up to 60 days in prison, a fine of up to $500, or both. If the offender pleaded guilty to a violation of ORC § 2907.06(A), ORC § 2907.02 (rape), ORC § 2907.03 (sexual battery), ORC § 2907.04 (unlawful sexual conduct with a minor), or ORC § 2907.05 (gross sexual imposition), the offender has committed a misdemeanor of the first degree, punishable by up to six months in jail and a $1,000 fine.

If the offender previously has been convicted of or pleaded guilty to three or more sexual imposition offenses, rape, sexual battery, unlawful sexual conduct with a minor or gross sexual imposition, the offender has committed a misdemeanor of the first degree, and notwithstanding the definite jail terms outlined in ORC § 2929.24, the court may impose a one-year prison term on the offender.

Defenses to the Crime of Sexual Imposition

Lack of Intent negates an essential element of this specific intent crime.

Mistaken Identity, meaning that law enforcement charged or convicted the wrong defendant.

False Accusations, based on the desire for revenge or other motivations.

Affirmative Defense Admission to the offense, but a crucial fact in issue negates an essential element of the crime and, therefore, a finding of guilt.

Lack of Evidence, to the extent that the prosecution cannot meet its burden of proof beyond a reasonable doubt.

Consent, in a case where the offender or a reasonable person in the offender’s circumstances would be led to believe that the victim consented or was not offended by the conduct at issue.

Note: The defense of consent cannot applied to a minor of thirteen to fifteen years old (ORC § 2907.06 (A)(4)), due to the fact that a minor is inherently incapable of consent.

Collateral Consequences:

·         Loss of employment

·         Loss of the ability to obtain employment

·         A criminal record

·         Loss of custody and/or visitation rights

·         Loss of a professional license or the ability to pursue the same

·         Isolation from the community

·         The stigma of offender status

A charge or a conviction of the crime of sexual imposition is extremely serious and can have life-altering effects. In the event of a charge or conviction of said crime, therefore, you should contact an expert sex crimes defense attorney immediately.

Joslyn Law Firm

About the Author

Brian Joslyn