Content warning: this blog post discusses sexual assault and rape, including acts involving children.
If someone 18 or older has sex with a person who is 15 or younger, the adult could face criminal charges under Ohio law. While the term “statutory rape” isn’t used in the legal code, this type of offense is still treated very seriously.
Consent isn’t considered a defense in these cases. Ohio law does not view minors under 16 as capable of legally consenting to sexual conduct. Even if the younger person agreed to the interaction, the adult may still face prosecution.
A conviction can carry significant penalties, including prison time, but the exact sentence depends on multiple factors. These include each person’s age, the circumstances surrounding the act, and whether force or coercion was involved.
If you have been charged with a sex offense like this in Ohio, it’s important to work with a criminal defense attorney who understands how these charges are prosecuted. Hiltner Trial Lawyers have years of experience defending individuals facing statutory rape and related charges throughout the state.
What Are the Statutory Rape Laws in Ohio?
What’s commonly called “statutory rape” may be charged in several ways depending on the age difference and nature of the act. Sentencing also varies based on these factors.
Misdemeanor Unlawful Sexual Conduct with a Minor
- Applies when the defendant is less than 4 years older than a 13–15-year-old.
- Punishable by up to 6 months in jail and/or a $1,000 fine.
Fourth-Degree Felony
- Applies when the age gap is between 4 and 10 years.
- Carries 6 to 18 months in prison and a possible $5,000 fine.
Third-Degree Felony
- Applies when the defendant is more than 10 years older than the victim.
- Penalties range from 1 to 5 years in prison and fines up to $10,000.
Gross Sexual Imposition
- Involves sexual contact (not penetration) with someone under 13.
- Carries 1 to 5 years in prison and fines up to $10,000.
Rape
- Involves sexual conduct with a minor under 13 and includes penetration.
- This is a first-degree felony punishable by 3 years to life in prison and fines up to $20,000.
Legal Defenses for Statutory Rape in Ohio
If you are facing prosecution for statutory rape, you should know that Ohio does recognize some legal defenses.
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- Marriage – If the parties are legally married, sexual activity may not be prosecuted. However, this doesn’t apply if there is evidence of force or coercion.
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- The “Romeo and Juliet” Exception – Ohio law allows for an exception if both people are between the ages of 13 and 17 and close in age. This can reduce or even eliminate criminal liability in some cases.
- Mistake of Age – While not a full defense under the law, believing someone was older may be considered during sentencing or negotiation. Courts sometimes weigh this when determining the severity of the charge.
Why These Cases Are So Complex
Statutory rape cases involve more than just legal definitions. They often include difficult personal dynamics, unclear communication, and high emotional stakes. Even if the act was consensual in a social sense, Ohio law may still allow prosecutors to move forward.
In some situations, a person may be falsely accused of statutory rape due to a misunderstanding, pressure from a third party, or incomplete information. Having the right legal defense can help clarify what actually happened and protect your rights during the process.
Contact Hiltner Trial Lawyers Today
Statutory rape convictions can result in prison time, mandatory sex offender registration, and a permanent felony record. These are not consequences anyone should face alone.
If you’re being investigated or have been charged, reach out to Hiltner Trial Lawyers. Our team can review your case, explain your options, and help you protect your future.
