Defenses to Sex Charges in Cincinnati
Joslyn Law Firm has been locally and nationally recognized as a “Client’s Champion” and the Top Criminal Defense Lawyer, alongside a legion of other awards. We have managed over 15,000 cases successfully and want to offer Cincinnati Ohioans a better shot at justice. If you or someone you know is facing criminal sex charges, Joslyn Law Firm is ready to extend the favor of building a firm sex charges defense for your case.
Criminal sex charges can come with hefty penalties, and we want to make sure that your rights are protected. No matter the circumstances, we will do our best to support your case. Everyone has the right to a fair trial. We treat each client with respect because we believe everyone is innocent until proven guilty. Our compassionate approach to a client’s needs is what continues to win us awards. Do not feel like you are alone. A sex crimes lawyer is here for you and wants to build the most vigorous defense you need for the best outcome of your case.
Cincinnati Sex Charges Defense Lawyer
Joslyn Law Firm is dedicated to their client’s needs. We work diligently on your behalf to make sure that every angle is covered when building your case. When being accused of sex charges in Cincinnati, you will want to get help navigating your case. These cases can be intimidating, so we are here to help you build a defense case.
If you face sex charges in Cincinnati, contact Joslyn Law Firm today at (513) 399-6289 for a free consultation. We are here to assist you through these difficult circumstances.
Sex Crime Defenses Information Center
- Consent
- Credibility of Accuser
- Entrapment
- Let Joslyn Law Firm Establish a Successful Sex Charges Defense for You
- Violation of 4th Amendment Rights
- Mistaken Identity
- Alibi
- Sex Crime Defenses Questions & Answers
- Cincinnati Sex Charges Defense Lawyers
Consent
Ohio law does not explicitly define consent. Ohio Revised Code § 2907.02(C) does define rape laws and rules around sexual offenses, sharing that no one can use chemical restraint, deception, or threat of, or use of force to make or receive any type of sexual activity. When facing rape charges, the statute also states that “A victim need not prove physical resistance to the offender in prosecutions under this section.”
Other sex crimes outlined in this section of the Ohio code also need strong proof of consent in a defense claim. Some may require the prosecution to present evidence of physical threats as well. If you have a weak defense against these allegations, you may face a felony in the first degree and other life-changing consequences. Making sure you have the best defense will make a tremendous difference in the outcome of a case.
Other sex crime charges that need proof of consent from the other party to help build a defense are:
- Sexual Battery
- Gross sexual imposition
- Sexual imposition
- Importuning (propositioning)
- Voyeurism (peeping, invading privacy)
- Public indecency
Ohio Age Consent Laws
Ohio Revised Code § 2907.04, commonly known as the Ohio Statutory Rape Law, states that no one over the age of 18 can lawfully engage in sexual activity with a minor less than 16 years of age. This charge may come with a fourth-degree felony. If the minor is less than 13, there are more severe charges. If the defendant is less than four years older than the minor, it may reduce to a misdemeanor.
Credibility of Accuser
There are a few ways to use the accuser’s credibility against them in defense of sex charges. Unfortunately, some people take out their troubles on a defendant in the form of revenge, shame for their actions, etc. causing devastation to your personal and public record.
Lying
When using the “lying” defense, it is vital to present character witnesses with your evidence. Using the testimonies of friends, family, and coworkers to build credibility helps establish a reasonable doubt that the prosecution represents a dishonest client.
Exaggerating
This is slightly different than lying. The accuser can say that you were more aggressive than they wanted. They can also make out the alleged sexual encounter to be more of an erroneous act than it actually was. These are harder to defend since the probability of those admitting to sexual activity is common. It will take the same character witness evidence to help prove you are innocent.
Child Influenced by Other Adults
These are harsh accusations to navigate and usually entail traumatic consequences for everyone involved, no matter the outcome. Handling cases that involve a minor are delicate.
There are a couple of reasons an adult would persuade a child to accuse another adult of sexual misconduct:
- Divorce
- Custody reasons
- Jealousy
- Revenge
Outside of the character witnesses that you will need for your defense, the child will also be sent through a vigorous examination to determine the mental state, history, and other factors that would create the scenario of false accusations. Your innocence is at the hands of serious professionals that want to make sure the allegations against you are true before charging you with the crime. Sex crime charges against minors are a serious offense and come with a second-degree felony, including 2 to 8 years in prison and a possible $15,000 in fines.
Entrapment
This is a common defense for those coerced into committing a sex crime, such as prostitution propositions from an undercover police officer. Entrapment is a valid defense in Ohio and is upheld by the affirmative defense defined in Ohio Revised Code § 2901.05(C)(2).
There must be no reasonable doubt by the judge or jurors that a defendant committed the sex crime in question to charge them for it. Ohio also follows the subjective test standard, which makes it a bit harder to prove. The defendant must be able to prove that the coercion outweighed their predisposition to create the crime. Furthermore, the entrapment defense will not stand solely on the argument that the officer gave the defendant the opportunity.
For example, if the opportunity is presented to you to exchange money for sex, you were not looking for it but jumped to the occasion without denying the proposition. This most likely will not hold up in a court defense.
Let Joslyn Law Firm Establish a Successful Sex Charges Defense for You
Building a defense under these circumstances is fragile. If not handled accordingly, the unwavering negative impact that it can have on your life is devastating. The defense attorneys at Joslyn Law Firm are ready to defend your case using the most important factors in it to get the best outcome for your future.
Our advisors want to do what is possible to negate any unjust actions that may be involved in the allegations towards you. We are compassionate about our client’s outcome and offer a non-judgmental view of how the law can help you reduce or dismiss your charges. Joslyn Law Firm is here to ensure the case is handled legally, and your rights are not infringed upon.
Contact us today for a free consultation. We dedicate ourselves to helping our clients succeed in their defense.
Violation of 4th Amendment Rights
The Fourth Amendment represents your Constitutional right to privacy. For a government official to obtain evidence through search and seizure, they must have probable cause, which usually entails getting a warrant that a judge will need to sign off on. The Supreme Court extended this to personal electronic devices such as cell phones and computers in 2014.
Officers are known to make mistakes and can forget certain criteria to this amendment when they are in pursuit of an accused, which creates problems for the prosecution. So whether the client is guilty or not, the court may not be able to uphold the evidence if the client’s Fourth Amendment rights are violated.
A good example is when DNA is collected. If DNA evidence is collected illegally by a police officer, the Fourth Amendment may be used as a strong defense to get the evidence thrown out in court. There are several instances and examples where officers have obtained evidence improperly where a defense is built, and the case is thrown away, based on an officer’s mistake in the collection process.
Evidence has a chain of custody to follow, too. This process is a paper trail record of when someone had evidence and where it was stored and transferred from. If the chain of custody shows improper handling of the DNA and the process of the protocol has been broken, or it is not stored properly, you may have the accused charges dismissed right away as well.
There are objections to this defense, such as the “good faith” that the officer had an “objectively reasonable belief.” These situations can be incredibly complex and difficult to argue. When these situations arise, they are best left to a law professional. The criminal defense attorneys at Joslyn Law Firm are prepared to take on this defense if your case calls for it.
The attorneys at Joslyn Law Firm are educated and entirely dedicated to ensuring that the defense in the case is strong. It is never in the defendant’s best interest to go into these situations alone.
Mistaken Identity
Accusations of mistaken identity is an unfortunate event. When someone is raped or suffers from PTSD after any sexual assault, an accuser may have a distorted memory of the person who hurt them. The situation may have happened in a poorly lit area, or there was chemical restraint involved. These situations can cause a lot of aggravation and distort the case’s facts, especially if the accused person is innocent.
Another situation that causes mistaken identity is voyeurism. This is the act of non-consensual sneaking, peeping, or capturing video of a person engaging in sexual activity, or who is in the nude. What you are being charged with and other factors of your case will determine whether this defense will uphold in a court.
However, charging a person with a sex crime can only happen if there is no reasonable doubt that they committed non-consensual sexual conduct. When a mistaken identity defense is built, it is crucial to have alibis that can help testify on your behalf. Having a solid alibi will significantly help prove your character defense.
Alibi
Alibis are extremely important for a sex charge defense. They can strengthen and even potentially weaken a defense. The Ohio Revised Code § 2945.58 states that the defense may submit an alibi. However, it must be shared in a written statement to the prosecutor no more than seven days prior to the trial, or the alibi evidence may be denied.
The pre-trial process typically requires all evidence and witnesses to be presented to the prosecution so they have a chance to interview them before the trial. This is also known as discovery and is customary, so each side can find weaknesses in the other parties’ arguments and cross-check the facts. When presenting the written statement for an alibi, you must add additional information such as the place and time you both were engaged with one another.
Here are some things to consider presenting for a strong alibi:
- The witness’s credibility – The purpose of establishing a witness alibi is to convince a judge or jury that they were with you or are aware of your whereabouts at the time of the alleged crime. The prosecution will use anything they can find to diminish an alibi’s character’s credibility to try and prove they are not a credible witness.
- Close alibi – Your friends and family can be an alibi in your defense. However, the issue lies within whether they are biased and willing to lie on your behalf. It is best to use family members as support to an alibi but not the only one if possible.
- Material alibi – This can be photos, videos, cell phones, or computer data. Our electronics have a strong alibi effect in today’s world. If your cell phone shows that you were traveling from point A to B to C and then puts you at location D 45 minutes away from the scene of the crime when it happened, this is a strong alibi. So it is critical to have cell phone records pulled for the dates and times of the accused incident.
- Stranger alibi – This is someone that does not know you personally, such as a bartender or taxi driver that can say that they remember you being in their presence when the sex crime happened. These are solid alibis but will also be held under the witness credibility standard, so be careful and ensure the alibi has good witness credibility.
An alibi is only one part of your defense. The court must 100% believe the alibi’s statements. This is why more than one character witness for an alibi, and the defendant, is essential to a defense case.
However, the judge or jury still has to feel that the prosecution has proven that you are the guilty party. If the accused was in a public setting at the time of the incident, it is critical to find possible surrounding security camera footage to help build on an alibi defense assisting with getting the pending charges removed or dropped.
Sex Crime Defenses Questions & Answers
Q: Is consent a defense to rape charges?
A: Consent is among the most common defenses if accused of rape. Arguing consent means that the alleged victim was a willing participant in the sexual act and that you did not use threats, violence, or coercion.
Q: Should I admit that a sexual act took place if I am accused of a sex crime?
A: Speak with your lawyer before making any statements regarding the alleged offense. In some cases, the best defense against allegations of a sex crime is admitting the act occurred, but that it occurred under legal circumstances. For example, you may present a defense that argues that the act was consensual, that you did not make threats or use violence, or, if the victim is underage, that the victim outright lied about their age.
Q: What is the best defense to sex crime allegations?
A: The best defense depends on the circumstances of the case. Common defenses include that the victim is lying, you have an alibi, or the victim is mistaken in their identification of you as the perpetrator of the offense.
Q: I have a recording that the victim lied about their age. Can this video serve as evidence to support my defense in a sex offense case?
A: Yes, Ohio Revised Code Section 2933.52 states that someone can legally record a conversation as long as one of the participating parties gives consent. So, if you recorded your interaction with the victim and the victim outright lied about their age, this may serve as evidence in your sex offense case.
Q: What happens if the victim of a sex crime recants their statement?
A: If a plaintiff recants their statement, they are no longer accusing you of a sex crime. This may lead the prosecution to drop the charges.
Cincinnati Sex Charges Defense Lawyers
You must understand the gravity of sexual offense charges. Even a small infraction can leave you as a registered sex offender, potentially destroying your future. This is public, and when people see your face and name on a sexual offender list, the worst is typically assumed.
Joslyn Law Firm is here to help you build the most effective criminal defense possible to the sex charges you face. Contact us at (513) 399-6289 today for a free consultation. We are compassionate about helping our clients get through the process with limited collateral damage. Call now; your defense may depend on it.
