Cleveland Sexual Battery Attorney
Sexual Battery Defense Lawyers in Ohio
If you've been arrested for or charged with sexual battery, it's crucial that you call a Cleveland sexual battery defense attorney right now. We don't have to tell you the lifelong consequences of a sexual battery conviction. Not only could you face lengthy prison time, but you'd also lose your right to housing and employment in certain areas.
The Cuyahoga County criminal defense system relies on plea deals and prosecutorial pressure to keep the dockets clear. However, a plea deal may not be in your best interests. While the legal system at large only lets between 2 and 5% of cases go to trial, Patituce & Associates has tried more than 200 cases before a jury. Our Cleveland defense attorneys leverage our experience, resources, and time to fight for the best possible outcome for our clients, regardless of the effort it requires.
Call our Cleveland sexual battery attorneys at (440) 771-1175 to schedule your free consultation today.
TABLE OF CONTENTS
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What Is Sexual Battery Under Ohio Law?
The definition of sexual battery is outlined in §2907.03 of the Ohio Revised Code, or ORC. In general, sexual battery refers to the use of authority or coercion to solicit sex from a person who is a.) not married to the defendant and b.) of less powerful rank or position or in the care of the defendant. This includes most situations involving schools, mental health institutions, or religious institutions where the person is either a minor or in the care of the defendant.
The law itself specifies 13 situations that fall under sexual battery:
- Using coercion to prevent physical resistance to sexual conduct
- Knowingly having sex with someone who has impaired control or awareness of themselves
- Leading someone into sexual conduct when the alleged victim is unaware of it
- Sex under the pretense of being the alleged victim’s spouse
- Sex with a natural or adoptive child, stepchild, or person to whom the defendant is a custodian or guardian
- Sex with someone in the legal or medical custody of the defendant
- Sex with a student at a public school where the defendant is employed in a position of authority
- Sex with a minor enrolled at an institution of higher education where the defendant is employed in a position of authority
- Sex with a minor where the defendant is a coach, instructor, scout leader, or any position of “temporary or occasional” disciplinary control
- Sex with a patient as a mental health professional under the pretense that sexual conduct is necessary for treatment
- Sex with a person at a detention facility where the defendant is employed
- Sex with a minor who attends a religious institution where the defendant is a cleric*
- Sex with a minor where the defendant is a law enforcement officer and two years older than the minor
Despite the specificity of these 13 situations, relationships between consenting adults can be complicated by the circumstances. Juries understand that relationships may not always be black-and-white under the law. As Cleveland criminal defense attorneys and former prosecutors, it’s our job to identify weaknesses in the prosecution’s case, presenting you with the best possible chance for dismissed charges or acquittal by the jury.
* ‘Cleric’ is defined under Ohio law as “a member of the clergy, rabbi, priest, Christian Science practitioner, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect.”
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What Are the Penalties for Sexual Battery in Ohio?
In most cases, sexual battery is a third-degree felony. However, if the alleged victim is under 13 years old, the prosecutor will issue a second-degree felony charge, which comes with a mandatory minimum prison sentence. Conviction will also require registration with the Sex Offender Registration and Notification unit, or SORN.
Sexual battery conviction can result in the following penalties:
- 3rd-degree felony: 9–36 months of prison and a $10,000 fine
- 2nd-degree felony: 2–8 years of prison and a $15,000 fine
- 2nd-degree felony with prior convictions: 12–18 years of prison and a $15,000 fine
If you are convicted of sexual battery, you’ll be labeled a sex offender; if you’re convicted of sexual battery against a minor, you’ll be labeled a child-victim offender, which comes with even worse penalties. Under the Tier 3 SORN category, sexual battery means defendants are required to register every 90 days for the rest of their lives.
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Sexual Battery Committed by Teachers & Coaches
When power dynamics and positions of authority, such as a teacher or a coach, are part of the case, sexual battery becomes even more complicated.
Ohio Revised Code 2907.03(A)(7) specifically addresses these scenarios, recognizing that even with apparent consent, the inherent power imbalance between educators and students can render any sexual conduct illegal.
Regardless of the student's age, the law focuses on the abuse of authority, not just the act itself. This distinction makes your situation unique and complex, requiring in-depth legal knowledge specific to cases like these. These accusations can have a devastating impact on your reputation and career, even before any guilt is determined.
Don't face these accusations alone. Our legal team can help you understand the intricacies of your sexual battery case. We're prepared to explore every avenue of defense, protecting your rights and fighting for the best possible outcome every step of the way.
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Can a Sexual Battery Charge be Reduced or Dismissed?Yes, there are several potential avenues for reducing or dismissing sexual battery charges in Ohio. An experienced attorney may challenge the evidence against the accused, arguing issues such as insufficient evidence, lack of consent, or misidentification of the perpetrator. Additionally, plea bargaining may be an option, where the accused agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. Individuals facing such charges must seek legal representation to explore these options and build a robust defense strategy tailored to their circumstances.
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What Should I Do If I Am Accused of Sexual Battery in Ohio?
If you are accused of sexual battery in Ohio, it is imperative to take the situation seriously and seek legal counsel immediately. Do not speak to law enforcement or anyone else about the allegations without your attorney present. Your lawyer can help you understand your rights, the legal process, and the potential consequences you may face. They will work to protect your interests, gather evidence, and develop a defense strategy to contest the charges. Prompt action is crucial to ensure that you receive fair treatment throughout the legal proceedings.
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How Does a Conviction for Sexual Battery Affect Future Opportunities?
A conviction for sexual battery can have lasting and detrimental effects on an individual’s future opportunities. In addition to the immediate legal penalties, such as imprisonment and fines, individuals may face difficulties in securing employment, housing, and educational opportunities. Many employers conduct background checks and may be unwilling to hire someone with a sexual offense on their record. Furthermore, being required to register as a sex offender can severely limit an individual’s ability to live in certain areas and may lead to social stigma. It is essential for those facing such charges to understand these long-term implications and to work diligently with their attorney to mitigate the potential consequences.
Call Patituce & Associates for a Free, Confidential Consultation
Our Cleveland sexual battery attorneys won't let you face these charges alone. The rest of your life hinges on the outcome of your case, so you need an attorney who knows how to try cases and protect you in the court of public opinion. Our firm has handled high-profile, high-stakes cases before, advocating for our clients in ways they didn't realize were possible. Let us fight for you.
Call (440) 771-1175 or contact us online to schedule a free, confidential consultation with a Cleveland sexual battery attorney at Patituce & Associates today.
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- Martha L.
Seeking representation for federal charges against my husband led me to engage with an attorney from this firm. Swiftly connected with Joe Patituce, we made the decision to enlist his services that very day, a choice we're grateful for.
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- Cora B.
Their friendly and approachable team provided unwavering support. They worked diligently to build a robust defense, ensuring my side of the story was heard and considered!!!
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- Former Client
Cate Purdum was present, attentive, always returned my calls (I had attorneys before who never call you back), answered my questions and never ignored my calls. If I ever need an attorney in the future I will definitely go back to her.
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- Roberto M.
Catherine Meehan did an amazing job. Very responsive, friendly, and obviously very good with words. She kept me out of jail and home with my kiddo. For that I can't ever repay the favor. Much appreciated hope I never need your assistance again but if so I'll definitely give you a call. Thank you again.
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- Thomas S.
I am very satisfied with Rachelle and Joe they were talking me through my whole case and when I told them I wanted a trial they agreed and said let’s go to trial with out hesitation they were very professional and I couldn’t ask for a better law firm to have my back in my court case thank you Rachelle and Joe I highly recommend them to everybody
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- Levi G.
Joe helped my brother beat a serious RICO charge. He is simply the best criminal defense lawyer out there, and provides a clear-cut path to victory. I am extremely impressed and thankful for the hard work and dedication the team at Patituce & Associates put in on this case. It feels great to come out on the winning side, and not have to sweat a thing during the whole process. I highly recommend hiring Joe and his expert staff if you ever find yourself in any legal trouble. Thank you Joe!
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So kind and helpful! Don’t know what I would’ve done without him. Joe was kind and informative throughout the whole- Maddy P.
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- Glenn G.
I engaged Joe Patituce's services for my DUI case in Rocky River, and I couldn't have made a better choice. He and his team demonstrated excellence throughout, managing my case with remarkable skill and professionalism.
