The Degrees of Sexual Assault in Ohio, Explained

Sexual assault refers to any sexual activity in which the victim didn’t consent and was forced to engage. Ohio separates sexual assault into different felonies and misdemeanors separated by varying degrees of severity and punishments.

Rape

First-degree sexual assault, also known as rape, is classified as non-consensual sexual contact (i.e., penetration or oral sex) obtained through the use or threat of violence.

Those charged with a first-degree felony like rape usually face three to 11 years in prison and a $20,000 fine, with repeat offenders having their minimum sentencing increased to five years. If the perpetrator purposefully incapacitated the victims via drugs or alcohol, or if the victim couldn’t give consent due to a physical or mental condition or being younger than 13, the charge escalates to aggravated sexual assault. Sentencing increases to at least ten years and possibly life in prison, and the perpetrator is registered as a sex offender for life.

Sexual Battery

While rape pertains to sexual contact, sexual battery focuses more on the perpetrator’s behavior and conduct, such as coercion, abusing a position of authority or trust (legal guardian, teacher, coach, etc.) or taking advantage of the victim’s ignorance about the act being committed.

Sexual battery is a third-degree felony punishable by a prison sentence of nine months to five years and a $10,000 fine. If aggravating factors are present – such as if the victim was under 13 or if violence was leveraged – the penalty becomes two to eight years in prison and a $15,000 fine.

Unlawful Sexual Conduct with a Minor

Sexual conduct with a minor is a fourth-degree felony. In Ohio, it is illegal for anyone over the age of 18 to engage sexually with a minor under the age of 18. A conviction can result in six months to a year and a half in prison and a $5,000 fine.

The age difference between the perpetrator and the victim will play a significant role in sentencing. If the perpetrator is more than ten years older than the victim, it’s a third-degree felony similar to sexual battery. If the accused was less than four years older than the other person, the charge could be reduced to a first-degree misdemeanor with a maximum six-month jail sentence and a $1,000 fine. However, if the perpetrator has a previous sexual assault conviction on their record, their offense will be elevated to a second-degree felony similar to aggravated sexual battery, regardless of the age gap.

Sexual Implication

Sexual implication refers mainly to sexual harassment and non-consensual contact. This can include the perpetrator knowingly touching the victim inappropriately or if the harassment was toward a minor older than 13 but younger than 16. In more specific circumstances, a mental health professional who coerces their patient to submit to sexual contact under the guise that it’s necessary for treatment is also classified as sexual implication. This is a third-degree misdemeanor unless they’ve been previously convicted of sexual assault – in which case, the charge is elevated to a first-degree misdemeanor, and 60 days in jail becomes six months in prison with double the fines.

Gross Sexual Implication

The charge can be increased to gross sexual implication if the victim was younger than 13, force was used or the perpetrator knew the other’s judgment was impaired by drugs or controlled substances (either because they administered it or simply knew about it). If these or any other aggravating factors were present, it’s gross sexual implication, which is a fourth-degree felony. 

Criminal Convictions Don’t Provide the Compensation Victims of Sexual Assault Need to Recover in Ohio

If you or a loved one has been the victim of sexual assault in Ohio, you shouldn’t have to pay for the physical and emotional damage inflicted upon you. Although a criminal case won’t give you financial restitution, a civil case can.

At the Buckeye Law Group, our experienced lawyers will use our knowledge and expertise to help you file a lawsuit against your perpetrator and any organizations, businesses or property owners that might share liability for what happened.

Learn more about what the skilled attorneys at the Buckeye Law Group can do for you. Call 800-411-PAIN or complete our contact form for a free, no-obligation case consultation today.