What Is the Difference Between Sexual Assault and Aggravated Sexual Assault?

Although any act of sexual assault is abhorrent, whether a case is charged as a sexual assault or aggravated sexual assault in Ohio will depend on the circumstances surrounding the incident.

Sexual Assault vs. Aggravated Sexual Assault

Ohio generally divides sexual assault into two categories: rape and sexual battery. While rape is a first-degree felony that encompasses non-consensual contact, sexual battery is a third-degree felony that pertains more to sexual conduct than direct contact. This conduct includes abusing a power dynamic to coerce the victim or acting with the knowledge that the victim didn’t know what was happening, whether because they were intoxicated or because they mistook the perpetrator for someone else.

Aggravated sexual assault, on the other hand, is either rape or sexual battery with the presence of aggravating factors, such as physical injury or leveraging violence with a weapon. A sexual assault charge can also become aggravated if the victim was incapable of giving consent, either because they were intentionally drugged, mentally or physically unable to resist or younger than 13.

The penalties for aggravated sexual assault are more severe than its counterpart. A standard sexual battery charge can usually result in a prison sentence of nine months to five years and a $10,000 fine, but if aggravating factors are present, the sentencing range becomes two to eight years with a $15,000 fine.

As a first-degree offense, rape inherently involves steeper penalties with a three to 11-year prison sentence and a $20,000 fine. However, an aggravated charge of rape is significantly more extreme, as sentencing escalates to a minimum of 30 years and a maximum of life in prison.

Aggravated Sexual Assault as a Civil Case vs. Criminal Case

While criminal cases pursuing sexual assault charges help to punish the perpetrator and protect public safety, the consequences aren’t tailored to helping the victim recover. The fines involved in these cases are paid to the court as punitive damages, not given as restitution to the victim.

Filing a civil case against the perpetrator can help victims of sexual assault acquire the compensation they need to cover medical bills and therapy costs. These cases are not always easy or straightforward, as they often involve large corporations or institutions in addition to the perpetrator. As such, it’s often in the best interest of victims to discuss potential options with a lawyer experienced in civil sexual assault lawsuits.

The skilled attorneys at the Buckeye Law Group have helped many victims seek monetary compensation from their perpetrators. Our team helps gather evidence to quantify the damages victims sustained from the attack, such as medical bills and lost wages. We also aggressively pursue maximum pain and suffering and punitive damages for the ordeal and ongoing pain victims are forced to endure. 

While there are cases where perpetrators of rape have liability insurance that can be pursued for damages, it’s not uncommon for these criminals to have few or no real assets. However, in many situations, the property owner, institution or business where the rape or sexual assault occurred failed to implement or maintain proper safety measures, making them partially liable for your damages.

These other parties can include property owners who neglected to install adequate security measures in parking structures or lighting in common areas, schools that fail to properly monitor students or background check teachers, or universities that failed to uphold their duty of care to their students.

It’s also important to remember that the evidentiary standards in civil cases (preponderance of the evidence) are lower than in criminal cases (beyond a reasonable doubt). This means that even if a perpetrator is acquitted in a criminal case, they can still be found liable and be made to pay in a civil case.

There are many terrible scenarios that unfortunately occur with disturbing frequency in Ohio. An attorney experienced in sexual assault civil litigation can help you understand the potential culpable parties and your options for pursuing maximum recovery.

Our Team Fights for Sexual Assault Victims’ Right to Compensation in Ohio

You should never have to pay out of pocket to recover from sexual assault. At the Buckeye Law Group, we understand how painful these situations can be for victims and are fiercely dedicated to making your attacker pay for their actions. We’ll only get paid if we can help you negotiate a settlement or win in court, which means you can trust we’ll work hard to secure maximum compensation that covers the medical bills and emotional distress caused by the assault.

You deserve more than just seeing the perpetrator go to jail. We’re not afraid to go to court if necessary to secure the compensation you need to heal physically and emotionally. Discuss the details of your case with one of our civil sexual assault attorneys at no cost or obligation on your part by calling 800-411-PAIN or filling out our online contact form today.