Explaining the Legal Support for Sexual Assault Victims in Ohio

If you or a loved one have been a victim of sexual assault, you may be struggling with what your next steps should be. While it can be hard to think clearly in the immediate aftermath, there are three critical steps you should take:

1. Get medical attention
2. Contact law enforcement
3. Consult with an attorney

Sexual assault is a prosecutable offense, and the Ohio criminal system can help penalize perpetrators of these crimes, but punishment doesn’t equate to fair compensation for victims. The skilled sexual assault injury lawyers at the Buckeye Law Group will fight for the recovery you deserve.

How Does Ohio Define Sexual Assault?

Sexual assault is less of a specific crime in Ohio and more of a general category of criminal offense that refers to any sexual activity the victim didn’t consent to. There are different degrees of sexual assault in Ohio. First-degree sexual assault is rape, third-degree sexual assault is sexual battery, fourth-degree sexual assault is unlawful sexual conduct with a minor and so on. You can learn more about Ohio’s categories for sexual assault in our blog here.

What Are Ohio’s Laws Regarding Sexual Assault?

Criminal Prosecution: The state court system recognizes sexual assault as a crime – potentially a felony in certain cases – and can prosecute and punish perpetrators with fines and jail time.

Forensic Exams: The Sexual Assault Forensics Examination (SAFE) program reimburses Ohio hospitals for the cost of free rape kits for victims due to their critical importance in criminal investigations.

Protection Orders: Victims have the right under state law to file for a restraining order against their assailants regardless of the criminal proceeding’s verdict. This means that even if criminal charges are dropped, you can still be eligible for a legal order of protection.

Support Services: Ohio Attorney General’s Crime Victim Services offer training and funding to victim service providers – such as Ohio Alliance to End Sexual Violence (OAESV) and Ohio Sexual Violence Helpline – to ensure victims can receive the legal assistance they deserve. These services also include shelters and support groups to give victims emotional support.

Title IX Protections: Title IX of the Education Amendments of 1972 prohibits sex discrimination, which includes sexual harassment and sexual assaults, in schools and colleges that receive federal funding. These institutions must have policies and programs in place to prevent and protect student victims of sexual assault – although not all are enforced equally. Affirmative consent[1]  is a policy that has been widely adopted by colleges in recent years that provides guidelines for consent, but it isn’t legally enforced in Ohio, only encouraged.

What Are Sexual Assault Victim Rights in Ohio?

Marsy's Law and Crime Victim Rights is a state law that aims to protect victims of sexual assault during criminal proceedings. These provisions allow victims to:

• Decline parts of the rape kit during an exam and have a person present to support them
• Be present and participate in court proceedings and negotiations
• Be informed about their case’s status, either by the police or through Ohio’s Sexual Assault Kit Tracking System
• Have a prompt and definitive conclusion to their case
• Receive restitution for economic damages resulting from the perpetrator’s actions through the Crime Victim Compensation Program

Can Victims Actually Receive Financial Support?

Ohio’s Crime Victim Compensation Program can reduce the financial burden victims of violent crimes – including sexual assault – endure for resultant medical expenses, lost wages, counseling for pain and suffering and potentially funeral expenses. However, like any claim-based system, there’s a chance yours won’t be accepted, especially when you’re competing with victims of all other violent crimes, not just sexual assault (which, on its own, is already a big group). Even if your claim is accepted, they may not cover the entirety of your expenses and may exclude certain ones.

If your claim is denied or only partially compensated, you can sue your perpetrator, or parties that enabled the crime to occur, in a civil lawsuit for compensation, which the aggressive and experienced lawyers at the Buckeye Law Group can help with. We’ll pursue maximum compensation from your assailant and all other responsible parties on your behalf to cover the entirety of your damages so you can heal with peace of mind.

Our Team Fights for Fair Compensation So Sexual Assault Victims in Ohio

Victim funds fail to truly compensate sexual assault victims for the long-term physical, psychological and financial repercussions of their attack. We have the experience and expertise to pursue the recovery you deserve. Our attorneys will advocate for your interests in and out of court, working hard to increase your chances of attaining the ideal case outcome.

Schedule a confidential, no-obligation consultation with one of our civil sexual assault attorneys today by calling 800-411-PAIN or completing our contact form.