What To Do If You Are Charged With Rape in Ohio
Under Ohio Revised Code Section 2907.02, the offense of Rape is committed when a person engages in sexual conduct with another person who is not their spouse, or who is their spouse living separate and apart when any of the following apply:
- The offender substantially impairs a person’s judgment or control by administering a drug, intoxicant or controlled substance to the other person by force, threat of force or deception;
- The other person is less than 13 years of age; or
- The other person’s ability to resist is substantially impaired because of a mental or physical condition
Additionally, a person commits the offense of Rape when they compel another person to engage in sexual conduct by force or threat of force.
Many people naturally assume that when a person reports that they have been raped, it must have happened. No doubt, and unfortunately, many rapes do occur throughout this country on a daily basis. However, it equally true that many rapes are also falsely reported by both men and women. The reasons for falsely reporting a sex crime claim of rape can be for vindictive reasons, a cover up for shameful sexual behavior or simply as a way to mask indiscretions taken while under the influence of alcohol.
Whatever the reason a rape is reported, it is taken very seriously by police and prosecutors. In many circumstances, the only witnesses will be the person reporting the rape and the person accused of committing the rape. In other circumstances, such as at an alcohol-fueled party, there may be many witnesses. The key to successfully defending an allegation of Rape begins with a solid and thorough investigation. A thorough investigation of a case includes independently interviewing witnesses, independently reviewing forensic evidence, independently reviewing photographs and independently taking photographs. The key here is that the work must be done “independently” of evidence provided by the prosecuting attorney. This work is often more time consuming and expensive for the client; however, there are NO shortcuts when it comes to defending a Rape charge.
Our criminal defense lawyer, Michael Probst, has successfully prosecuted and defended numerous Rape cases, including successfully negotiating lesser offenses prior to trial and successfully defending clients at trial. There is no substitute for solid experience in the criminal defense of Rape. You can trust your case to a defense attorney with proven success in handling a Rape case from start to finish.