What Is Considered Gross Sexual Imposition?
Gross sexual imposition occurs when a person engages in sexual conduct with another person without their consent. Under Ohio Revised Code § 2907.05, gross sexual disposition occurs when a person has sexual conduct with a person (who is not their spouse), causes another person to have sexual conduct with the alleged offender, or causes two or more people to have sexual conduct:
- using force or the threat of force,
- by impairing the judgment or controlling the other person using any drug, intoxicant, or controlled substance,
- knowing that the other person or people are impaired and not fully able to give consent, and/or
- when the other person is under 13 years of age (whether the perpetrator knows or not).
Penalties for Gross Sexual Imposition
This offense is considered a fourth-degree felony, which is punishable by up 18 months of imprisonment and/or a fine of up to $5,000. However, gross sexual imposition can be deemed a third-degree felony if the alleged victim is under the age of 13 or sedatives, alcohol, or other substances were used during the crime. A felony of the third degree is punishable by up to five years of imprisonment and/or a fine of up to $10,000.
It is also important to note that a gross sexual imposition conviction can require that you register as a sex offender. Other social consequences of a conviction include:
- Being unable to visit certain places
- Having struggles obtaining certain employment or educational opportunities
- Having the conviction remain on your record for the rest of your life
- Losing your professional licenses (in certain professions in the medical, banking, education, or other industries)
Defending Gross Sexual Imposition
Bridges, Jillisky, Weller & Gullifer, LLC is known for offering high-quality services and for being fierce advocates for our clients. If you or a loved one have been charged with or are under suspicion of committing a sex crime, including gross sexual imposition, our attorneys can help you. We understand how overwhelming and unnerving it can be to face legal issues, and our legal team is equipped to help guide you through this process.
Once you retain our services, we can help you build a solid case. Common defense strategies concerning gross sexual imposition include:
- Examining whether the charges were brought forward within the statute of limitations. A statute of limitations refers to the time limit in which charges can be brought forward concerning a crime. Different offenses have different statutes of limitations, and if an offense is not brought forward within the allotted time, the charges should be dismissed.
- Moving to have evidence suppressed. Ohio has strict search and seizure laws, and if any evidence was obtained from you, we can review how it was discovered or collected. If the proper procedure was not followed, we can petition to have it suppressed.
- Investigating the motivations of the accuser. A key component of the prosecution’s case is often the testimony of the alleged victim; our defense attorneys can review the testimony and evidence presented by the accused to determine whether we can establish reasonable doubt based on those pieces of evidence.
- Investigating whether our clients’ civil rights have been violated. During an investigation, the police and prosecution must adhere to the law and should not violate a person’s rights. Your attorney may investigate whether the police failed to get proper warrants, were violent, or violated any of your civil rights to get evidence dismissed.
Schedule a case consultation today by calling (937) 403-9033 or reaching out to us online. We look forward to hearing from you.