Rape Defense Attorneys in Cleveland

Protecting You From Severe Criminal Penalties

In Ohio, engaging in nonconsensual sexual conduct with another person is a felony. Being accused of this crime can severely alter the course of your life. Because felonies are considered the most serious crimes, the conviction penalties for rape are harsh. They can include tens of thousands of dollars in fines and a prison term for years to life. Additionally, rape is a sexually oriented offense, and a guilty verdict can result in a requirement to register as a sex offender for life. This means that your personal identifying information, including your address, will be distributed to the community in which you live and placed in an online database that is publicly accessible. As a result, your relationships and reputation can be adversely impacted.

Our team has handled complex cases and knows that allegations can often arise from misunderstandings. In some matters, false accusations are made with malicious intent. Our rape defense attorneys in Cleveland will work directly with you to truly understand what happened in your situation. When we take on a case, we don’t judge. We listen with compassion and respect and look at the entire picture. After we get to know you and your case, we can develop a custom-fit defense to fight back against the allegations made against you.

Please don’t feel like you must navigate this difficult situation on your own. For a free consultation, contact HMW Law by calling 216-369-1352.

What Are the Rape Laws in Ohio?

Ohio Revised Code 2907.02 makes it unlawful for any person to have sex with another when the other individual did not voluntarily or willfully engage in the sexual conduct.

Sexual conduct means any of the following:

• Vaginal intercourse
• Anal intercourse
• Oral sex
• Insertion of a body part or object/instrument into the vagina or anus (it does not matter how slight the penetration is)

A person may be accused of rape if they have sex with someone who is not their spouse (or is their spouse, but they are separated), and they:

• Secretly or by force, administer a drug, intoxicant, or controlled substance to prevent the other individual from resisting,
• Engage in the conduct with a person who is under 13 years of age (regardless of whether they know how old the individual is), or
• Engage in the conduct, knowing the other person can’t resist because of age or a mental or physical condition.

Additionally, a rape charge may be levied if a person uses force or threats to compel the other person to engage in the act.

What Are the Potential Penalties for Rape Charges in Ohio?

Rape is a first-degree felony. Generally, the conviction penalties include a fine of up to $20,000 and a minimum prison term of four to 11 years.

However, in certain instances, heftier prison sentences may be imposed:

• If the offense involved the surreptitious or forced use of a controlled substance to prevent the alleged victim from resisting, the court must impose a mandatory minimum prison term of five years.
• If the offense was committed against a person under 13 years of age, a court can sentence the defendant to up to life in prison. This does not apply if the defendant was under 16 years of age at the time of the offense and did not physically harm the alleged victim.

Statutory rape charges are defined as sexual activity between an adult and a person who is below the age of consent. In Ohio, the age of consent is 16 years old. Engaging in sexual conduct with a minor younger than 16 can be classified as statutory rape, even if the minor consented. Statutory rape carries penalties like mandatory sex offender registration, imprisonment, and a permanent mark on your criminal record.

What is the Sex Offender Registry?

In Ohio, the sex offender registry is a list open to the public with details about an individual’s criminal offense and personal information. Anyone convicted of rape may be required to register as a sex offender. Being a registered sex offender comes with rules and regulations, including travel and residency restrictions. Sex offenders are required to check in with law enforcement every 90 days to confirm their address. Offenders are not allowed to live near a school, hold a public job, or utilize certain public facilities.

The sex offender registry contains information like your legal name, photo, home address, work address, conviction type, vehicle information, and more. Any members of the public, including neighbors within your community, can look up your name and access this information. Neighbors will also be warned to monitor the area and report any suspicious activity.

If you would like to avoid being a registered sex offender, working with a defense attorney is the best way to get the outcome you deserve. We can reduce or remove your charges to avoid this harsh penalty so you can continue living your life without disruptions.

How Do You Defend Against Rape Charges?

Rape is a serious accusation in Ohio. However, every individual is innocent until proven guilty. A Cleveland rape defense lawyer on our team will create a personalized legal strategy to defend you from these charges and reduce or remove the penalties you are facing.

Some potential defenses against rape charges include:

Consent

If the sexual activity involved consent, it technically cannot be classified as rape. A Cleveland rape defense attorney on our team can present evidence showing that the encounter was consensual.

Lack of Evidence

It is up to the prosecution to present evidence of guilt beyond a reasonable doubt. If the prosecution cannot do so, our team could argue that the lack of evidence in your case means it cannot be pursued in court.

False Accusations

Because sex crimes carry so many penalties, individuals will sometimes accuse others of rape to damage their reputation. If you believe you are a victim of false accusations, an attorney on our team can look for inconsistencies or motives that could suggest the alleged victim is not telling the truth.

Mistaken Identity

Perhaps a crime really did occur, but the victim or witnesses have identified the wrong person. Our team can work to find evidence of this other party and prove that they committed the crime, not you.

Intoxication

If you were under the influence of drugs or alcohol, an attorney on our team could argue that you could not form the necessary criminal intent to commit this crime.

Police Misconduct

Law enforcement officers are required to follow strict regulations when arresting or investigating someone. If officers violated your rights, your case could be dismissed.

What Should You Do if You Are Accused of Rape?

Facing rape charges is a very overwhelming and distressing experience. Knowing how to defend yourself and protect your rights immediately will greatly increase your chances of success in your criminal case.

If you are accused of rape, take the following steps:

Contact Our Legal Team

The sooner you contact our team of attorneys, the sooner we can present your legal options. It is not advisable to speak to law enforcement officers without a defense team, even if you haven’t been formally charged yet. Our attorneys will stay by your side, answering your questions and guiding you through the legal process.

Gather Evidence

Our team will help you gather evidence in your defense. Items like text messages, emails, or direct messages can help you disprove the allegations. Save these pieces of evidence on multiple devices.

Stay Calm

Being accused of a crime is a very scary experience. By staying calm, you can focus on your defense case and allow our attorneys to handle the legal aspect of your criminal charges.

Should You Contact a Criminal Defense Attorney?

Being charged with a sex crime is serious, and you need a skilled lawyer to guide you through your case and seek an optimal result on your behalf. At HMW Law, our Cleveland rape defense lawyers can put in the time and effort necessary to build a compelling and aggressive strategy for you. We will be committed to protecting your rights and freedom every step of the way.

We understand how distressing it can be to face serious allegations. We will protect your rights and defend you from serious criminal penalties. We are confident that with our decades of experience, we can assist you with your criminal case and get you the outcome you deserve.

Learn more about your legal options by calling our Cleveland rape defense attorneys at (216) 220-6776 or submitting an online contact form. Our team is available 24/7 to answer your call.