What Does “Sexual Imposition” Mean in the State of Ohio?

Read our blog post from Koenig & Long criminal defense attorneys to find out more about the criminal offense of "Sexual Imposition"!

Transcript

1. What Does “Sexual Imposition” Mean in the State of Ohio? BY BENJAMIN A. TRACY, COLUMBUS CRIMINAL DEFENSE LAWYER AND CIVIL RIGHTS ATTORNEY BLOG POST: WHAT DOES “SEXUAL IMPOSITION” MEAN IN THE STATE OF OHIO? KOENIG & LONG LLC
2. What is a “Sexual Imposition” Charge?  The Ohio revised code section 2907.06, defines the “sexual imposition” as “sexual contact”- the touching of another person’s thigh, genitals, buttocks, female breast or pubic region.
3. 5 Circumstances 2. The alleged offender knows that the sexual contact is abusive to the accuser, or is reckless in that regard; 2. The alleged offender is aware of the fact that the accuser is weakened by drugs or alcohol and because of this is unable to control, understand or object the touching; 3. The alleged offender knows that the accuser’s ability to control the touching is essentially impaired (e.g., if the accuser is asleep or passed out)
4. 4. The accuser is older than 13 but younger than 16 years of age, and the alleged offender is over 18 and 4 or more years older than the accuser; 5. The alleged offender is a mental health professional and the accuser is a mental health patient or client, in this situation- the alleged offender convinces the accuser to submit to the touching by falsely representing that the sexual contact is mandatory for treatment purposes.
5. Sexual Imposition Requires Evidence  The criminal offense of sexual contact requires evidence other than testimony from the accuser.  Ohio revised code section 2907.06(b) states the following: “No person shall be convicted of a violation of this section (based) solely upon the victim’s testimony unsupported by other evidence.”
6. Is “Sexual Imposition” Considered as a Felony?  The answer is no- In Ohio, the criminal offense of “sexual Imposition” is a misdemeanor.  It is a misdemeanor of the third degree, except if the offender has a prior sex conviction, in this case it is a misdemeanor of the first degree.
7. Example  Recently we had a client, a young man who was accused by a former girlfriend of “sexual imposition”- The girl drank heavily and they went together to our client’s bedroom. The girl stated later, that she was too intoxicated to oppose to extended sexual touching.  After we met with the police and had numerous and detailed investigations about what this young lady posted on social media websites, Law enforcement concluded not to file criminal charges.  The decision was very important to our client, even if the crime of “sexual act” is considered as a misdemeanor, it requires registration as a sex offender for 15 years. Unfortunately this requirement totally ruined many accused persons’ lives.
8.  If you, a family member or a friend is under investigation in Central Ohio or Columbus for the criminal offense of “sexual imposition”, please don’t hesitate to contact one of our highly-skilled criminal defense attorneys  The initial consultation is for free!