How to build a defense against statutory rape in Ohio

Content warning: this blog post discusses sexual assault and rape, including acts involving children.

Statutory rape is a legally complex issue in Ohio.

The term generally refers to sexual conduct involving a minor, which is considered a serious crime when the other party is over the age of 18 and significantly older than the minor.

However, some situations are more nuanced, involving cases that both parties might have perceived as consensual, but the law defines as statutory rape.

If you are facing statutory rape charges in Ohio, building a solid defense is critical. Certain defenses may lead to reduced penalties or even dismissal of charges depending on the circumstances.

Our team of Ohio criminal defense attorneys at Hiltner Trial Lawyers have spent years defending clients against claims of rape and domestic violence , and we know how to make sure our client’s rights are being respected.

What Is Statutory Rape in Ohio?

The term “statutory rape” encompasses several legal offenses involving sexual conduct involving individuals under 18 years of age.

Here are three different crimes that you could be charged with:

Rape: Under Ohio law, any child under 13 years of age is not considered legally able to give consent. Anyone over 18 who engages in sexual conduct with someone under 13 is guilty of rape, a 1st degree felony which is punishable by at least 3 years and up to life in prison.

Unlawful sexual conduct with a minor: This crime applies to anyone over 18 who engages in sexual conduct with a minor between the ages of 13 and 16. The seriousness of the crime depends on the age difference between the two parties:

- If the age difference is less than 4 years, it is a 1st degree misdemeanor punishable by up to 6 months in jail or a $1,000 fine
- If the age difference is between 4 and 10 years, it is a 4th degree felony punishable by 6-18 months in jail or a $5,000 fine
- If the age difference is 10 years or more, it is a 3rd degree felony punishable by 1 to 5 years in jail or a $10,000 fine
Gross sexual imposition: This crime includes any sexual contact, such as inappropriate touching, with a minor under 13. It is considered a third degree felony and is punishable by 1 to 5 years in prison.

If the sexual act involved force, coercion or occurred without consent, it can be prosecuted as rape or sexual assault, regardless of age differences or statutory definitions.

Ohio law takes these factors into account to ensure appropriate charges are pursued.

Understanding the distinctions between these offenses is critical for building a defense or addressing accusations. Consulting an experienced criminal defense attorney can help clarify your rights and options under Ohio law.

Defenses Against Statutory Rape Charges in Ohio

While Ohio’s statutory rape laws are essential for protecting minors against sexual misconduct, these cases are often more complicated than they initially appear.

The most important step you can take to build a defense against a statutory rape charge is to hire a criminal defense attorney well-versed in handling rape and sexual misconduct cases.

An experienced lawyer can help navigate the legal nuances and craft a strategy tailored to the specifics of your situation.

Below are some common legal strategies that may be used in statutory rape cases:

1. The Alleged Conduct Did Not Happen

If you and your attorney can present evidence that the alleged sexual conduct didn’t happen, it may lead to the dismissal of your case or a not-guilty verdict at trial. This evidence may include:

Inconsistencies in the accuser’s account
A documented history of false allegations by the accuser
Direct evidence disproving the accusations

2. Both Parties Were Minors

Ohio law provides an exception for statutory rape when both parties involved are between the ages of 13 and 18 at the time of sexual conduct.

However, this defense does not apply if the defendant was 18 or older at the time of the conduct. In such cases, even if the age difference was less than four years, the defendant can still face charges for unlawful sexual conduct with a minor.

3. Plea Bargains

In some cases, defendants may negotiate a plea bargain to reduce the severity of the charge or penalties. A successful plea bargain might:

Lower the charges to a less severe offense
Reduce the potential penalties, such as jail time or fines
Help the defendant avoid being listed on the Ohio sex offender registry, which can carry long-term personal and professional consequences

Each strategy is highly dependent on the facts of the case, making it crucial to consult a skilled attorney who can assess the situation and determine the most effective course of action.

Can I still be charged with statutory rape if they lied about their age?

A common defense often cited in statutory rape cases is the claim that the accused did not know the victim was underage at the time of the sexual conduct.

However, under Ohio law, this defense is not applicable in cases of felony one statutory rape.

To prove felony one statutory rape in Ohio, the prosecution must demonstrate the following:

There was sexual intercourse, and
That the victim was less than 13 years of age.

The law explicitly states:

“No person shall engage in sexual conduct with another when the other person is less than thirteen years of age, whether or not the offender knows the age of the other person.”

This means statutory rape is classified as a strict liability crime in Ohio, which does not require proof of intent.

Therefore, a defendant cannot rely on the argument of mistaken age—even if the mistake was reasonable—to avoid conviction in Ohio.

While a mistake of age cannot serve as a defense, there are legal options you can take to prevent a statutory rape charge from ruining your future.

The most important first step is consulting with a skilled criminal defense attorney who can assess your case and develop a strategy to mitigate the consequences.

Hire a sex crime defense attorney in Ohio today

At Hiltner Trial Lawyers, we know how stressful it can be to be involved in a statutory rape case.

Whether the alleged conduct happened or not, you are entitled to a vigorous defense that will both protect your rights as a defendant and represent your interests as a person, and our team of experienced trial lawyers can provide that defense.