Different Categories of Rape and Sexual Battery in Ohio

Some states don’t have separate "rape” and "sexual battery" charges and instead have overarching criminal statutes to cover all the acts that fall under these crimes. In Ohio, rape and sexual battery represent distinct offenses, each of which takes various factors into account.

While ensuring the perpetrators of these terrible crimes are appropriately prosecuted and sentenced in criminal court is vital to victims and society as a whole, jail time does little to help the victims of these crimes recover for the damage done. Our sexual assault injury attorneys at the Buckeye Law Group are dedicated to helping victims of rape and sexual battery in Ohio seek justice and recover for what they’ve suffered. This includes compensation for medical costs, lost wages due to missed work and appropriate compensation for the emotional pain and suffering experienced.

Rape

Rape is a criminal offense that involves engaging in sexual conduct with another person without their consent. This barbaric crime is still all too common in our state. According to the Ohio Domestic Violence Network, the rate of rape offenses occurring in Ohio was 50.1 per 100,000 residents in 2018. This is higher than the national average of 2018, which was 44.8 per 100,000 inhabitants.

Ohio law distinguishes different degrees of rape based on various factors, including force, the age of the victim and the relationship between the parties involved. This includes first-degree rape and second-degree rape.

First-Degree Rape

First-degree rape in Ohio involves engaging in sexual intercourse with another person without their consent while also incorporating aggravating factors that increase the perceived severity of the offense in the eyes of the law. Aggravating factors may include:

• Use of Force or Threat of Force: This occurs when the perpetrator uses physical force or the threat of force to make the victim engage in sexual intercourse. This type of force may involve violence, coercion or intimidation.
• Use of a Weapon: This is when an offender uses a weapon to threaten the victim during the act of rape. Weapons may include firearms, knives or any other object used to threaten or harm the victim.
• Incapacitating the Victim: Using drugs, alcohol or any controlled substance either by force or deception to coerce the victim or prevent self-defense and resistance.
• Serious Bodily Harm: This occurs when the victim sustains serious physical injuries as a result of the sexual assault.

Second-Degree Rape

Second-degree rape occurs when an individual compels another person to engage in sexual conduct through force or threat of force but without the use of any weapon. Second-degree rape is a serious criminal offense that involves non-consensual sexual acts with any type of coercion.

Aggravating factors of second-degree rape may include:

• Use of Force: The offender uses physical force to compel the victim to engage in sexual conduct. Force may consist of violence, restraining the victim or any form of physical coercion.
• Coercion: Coercion refers to the use of psychological pressure, manipulation or threats to make the victim submit to sexual acts. This can include threats of harm, intimidation or other forms of non-physical coercion.
• Absence of a Weapon: Second-degree rape is distinguished from first-degree rape by the absence of a weapon. While force or coercion is present, the perpetrator does not use a weapon during the commission of the offense.

Sexual Battery

Sexual battery in Ohio refers to non-consensual sexual conduct that involves unwanted sexual touching, fondling or groping.

Sexual battery in Ohio is also classified into first-degree and second-degree based on the specific circumstances of the offense, like the use of force, the age of the victim and the relationship between both parties.

First-Degree Sexual Battery

First-degree is the most severe type of sexual battery charge and involves circumstances, such as the use of force or threat of force or use of a weapon. Because of the physical violence factor, the offense may lead to more significant legal consequences compared to second-degree sexual battery.

These are some of the key aggravating factors of first-degree sexual battery:

• Use of Force or Threat of Force: The perpetrator uses physical force or threatens the victim with force to make them engage in non-consensual sexual conduct.
• Use of a Weapon: First-degree sexual battery may involve the use of a weapon during the offense.
• Serious Physical Harm: The victim suffered serious physical injuries from the sexual battery.

Second-Degree Sexual Battery

The key difference between first-degree and second-degree sexual battery is the lack of the above aggravating factors.

Legal Challenges for Victims of Rape or Sexual Battery

While perpetrators can face serious charges and jail time for committing a crime like rape or sexual battery, victims can encounter various challenges when pursuing a civil suit. There is no “crime insurance” for criminals – meaning people who commit crimes are not covered by liability insurance to pay for their malignant and intentional behavior.

While proving liability in a civil case isn’t particularly difficult if the perpetrator has been convicted beyond a reasonable doubt, identifying sources of compensation can be difficult. (The burden of proof for civil cases is lower, meaning even if someone is acquitted in a criminal trial, they could still potentially be held civilly liable.)

If a perpetrator has savings or assets that can be liquidated, like a home, valuable personal property or vehicles, it may be possible to collect damages directly from the perpetrator. However, many criminals are not productive and responsible members of society with significant assets and savings.

There could also be scenarios where a third party’s negligence played a role in enabling the attack. For example, if the victim was assaulted in a store or the common area of a hotel or apartment complex. It may be possible to hold the property owner liable for failing to maintain proper safety and security measures to prevent those types of attacks from occurring. In that situation, the business or property owner’s liability insurance would pay for the damages.

Proving negligent security isn’t always easy. It’s often necessary to prove the property owner was aware of increased criminal activity or reasonably should have known that there was a real risk for an assault to occur yet failed to take steps to implement proper security measures.

Victims of sexual battery may deal with different legal challenges when bringing a civil suit against their perpetrator. One of the biggest challenges for sexual battery is establishing a burden of proof. Since sexual battery does not involve penetration, it may be difficult to obtain clear evidence of the violation.

Connect With a Sexual Assault Attorney at the Buckeye Law Group for Help Recovering Compensation

If you or a loved one has been the victim of a heinous crime like rape or sexual battery, you may be feeling frustrated and let down by the criminal justice system. Ensuring the perpetrator goes to jail doesn’t provide the resources you need to heal emotionally, physically and financially. Our team at the Buckeye Law Group stands ready to help you increase the likelihood of fair recovery.

Contact us on our website or give us a call at 1-800-411-PAIN to connect with a skilled, sexual assault civil liability plaintiff attorney in Ohio today.