In Ohio, sexual battery is defined in the Ohio Revised Code. The codified law outlines both the type of conduct that is proscribed as well as the types of relationships between the two people that will make the behavior sexual battery. The law also makes sexual battery a third-degree felony when victims are older than age 13. It is a second-degree felony when the victim is under age 13.
According to ORC 2907.03, sexual battery is sexual contact between a person and another who is not the person’s spouse. In order to meet the criteria for the offense, the contact must be obtained be obtained by knowing coercion, done when the other person is too impaired to consent, done when the other person doesn’t know that sexual conduct is occurring or done by making the other person believe that the offender is the person’s spouse.
Several different types of relationships will also make the behavior sexual battery. If the charged person is the victim’s parent, stepparent or other such person, it is sexual battery. Other types of relationships that will make sexual contact sexual battery include being the victim’s teacher, administrator, coach, mental health counselor or preacher when the victim is a minor. If the charged person is a police officer and the victim is a minor who is more than two years younger, the peace officer may also be charged with the offense.
When people are charged with sex crimes such as sexual battery, they face very severe consequences in the event they are convicted. It may be beneficial for those who are charged to seek help from a criminal defense attorney as soon as possible. An attorney may help to vigorously defend against the charges through investigation and through skilled negotiation.