What Does “Sexual Imposition” Mean in the State of Ohio?

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What Does Sexual Imposition Mean in the State
of Ohio?

• By Benjamin A. Tracy, Columbus Criminal Defense
  Lawyer and Civil Rights Attorney
• Blog Post What Does Sexual Imposition Mean in
  the State of Ohio?
• Koenig Long LLC

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What is a Sexual Imposition Charge?

• The Ohio revised code section 2907.06, defines
  the sexual imposition as sexual contact- the
  touching of another persons thigh, genitals,
  buttocks, female breast or pubic region.

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5 Circumstances

• 2. The alleged offender knows that the sexual
  contact is abusive to the accuser, or is reckless
  in that regard
• 2. The alleged offender is aware of the fact that
  the accuser is weakened by drugs or alcohol and
  because of this is unable to control, understand
  or object the touching
• 3. The alleged offender knows that the accusers
  ability to control the touching is essentially
  impaired (e.g., if the accuser is asleep or
  passed out)

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• 4. The accuser is older than 13 but younger than
  16 years of age, and the alleged offender is over
  18 and 4 or more years older than the accuser
• 5. The alleged offender is a mental health
  professional and the accuser is a mental health
  patient or client, in this situation- the alleged
  offender convinces the accuser to submit to the
  touching by falsely representing that the sexual
  contact is mandatory for treatment purposes.

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Sexual Imposition Requires Evidence

• The criminal offense of sexual contact requires
  evidence other than testimony from the accuser.
• Ohio revised code section 2907.06(b) states the
  following No person shall be convicted of a
  violation of this section (based) solely upon the
  victims testimony unsupported by other evidence.

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Is Sexual Imposition Considered as a Felony?

• The answer is no- In Ohio, the criminal offense
  of sexual Imposition is a misdemeanor.
• It is a misdemeanor of the third degree, except
  if the offender has a prior sex conviction, in
  this case it is a misdemeanor of the first degree.

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Example

• Recently we had a client, a young man who was
  accused by a former girlfriend of sexual
  imposition- The girl drank heavily and they went
  together to our clients bedroom. The girl stated
  later, that she was too intoxicated to oppose to
  extended sexual touching.
• After we met with the police and had numerous and
  detailed investigations about what this young
  lady posted on social media websites, Law
  enforcement concluded not to file criminal
  charges.
• The decision was very important to our client,
  even if the crime of sexual act is considered
  as a misdemeanor, it requires registration as a
  sex offender for 15 years. Unfortunately this
  requirement totally ruined many accused persons
  lives.

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• If you, a family member or a friend is under
  investigation in Central Ohio or Columbus for the
  criminal offense of sexual imposition, please
  dont hesitate to contact one of our
  highly-skilled criminal defense attorneys
• The initial consultation is for free!