What to Do If You’ve Been Falsely Accused of Sexual Assault in Ohio

Being falsely accused of any crime, especially sexual assault, is a harrowing experience that can have devastating consequences on your personal and professional life, even when you did not do what you have been accused of.

In Ohio, sexual assault allegations are taken very seriously. If you or someone you know is accused, even falsely, you can face severe penalties, including imprisonment, fines, and a permanent criminal record.

If you find yourself falsely accused of sexual assault in Ohio, you need to understand your rights and take immediate action to protect yourself. 

As a criminal defense law firm with decades of experience in defending individuals against false allegations of sexual assault, SS+D Law can help. The lawyers at SS+D Law have the knowledge and experience to provide a zealous and rigorous defense.

Understanding Sexual Assault Laws in Ohio

In Ohio, sexual assault is defined under various statutes, including rape, sexual battery, and gross sexual imposition. These laws are complex and encompass a wide range of behaviors.

Sex crimes in Ohio are defined as:

• Rape (Ohio Revised Code Section 2907.02): Engaging in sexual conduct with another person by force, threat, or deception, or when the victim is unable to consent.
• Sexual Battery (Ohio Revised Code Section 2907.03): Engaging in sexual conduct with another person when the offender holds a position of authority over the victim or the victim is mentally or physically incapacitated.
• Gross Sexual Imposition (Ohio Revised Code Section 2907.05): Engaging in sexual contact with another person by force, threat, or deception, or when the victim is unable to consent.

Ohio Revised Code Section 2907.01 defines sexual conduct as “vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another.”

It also defines sexual contact as “any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.”

Steps to Take If You Are Falsely Accused of Sexual Assault

If you are falsely accused of sexual assault in Ohio, it is essential to act swiftly and strategically. Here are the steps you should take:

• Do Not Contact the Accuser: Reaching out to the accuser can be used against you in court. Avoid any direct or indirect contact.
• Preserve Evidence for Your Defense: Collect and preserve any evidence that may support your innocence. This can include text messages, emails, social media interactions, and witness statements.
• Avoid Making Statements: Do not make any statements to anyone, especially law enforcement or the media, without legal representation. Anything you say can, and very likely will, be used against you.
• Hire an Experienced Criminal Defense Lawyer: An attorney with experience in defending against sexual assault accusations can provide crucial guidance and representation. Consult with an attorney at SS+D Law now.

Building a Strong Defense and Proving Your Innocence

Although the law does not require you to prove yourself innocent, in Sexual Assault cases, it feels like you do. Your SS+D attorney will work with you to build a strong defense strategy tailored to your case. Common defense approaches include:

• Attacking the Evidence the Government Claims to Incriminate You: Oftentimes, law enforcement gathers faulty, questionable, and just plain wrong evidence, then uses it to build a case against you. An experienced defense attorney can challenge that evidence and defuse it in certain instances. This is especially true if the collection of that evidence was done so illegally, in violation of your Constitutional Rights.
• Challenging the Credibility of the Accuser: Your attorney may investigate the accuser’s background, motives, and inconsistencies in their statements.
• Presenting Alibi Evidence: If you were not at the location where the alleged assault occurred, providing evidence of your whereabouts can be a powerful defense.
• Forensic Evidence: DNA evidence, phone records, and other forensic data can be used to challenge the allegations and, in many cases, actually support your innocence. 
• Character and Witness Testimony: Statements from witnesses who can attest to your character or provide an account of the events in question can be crucial.

Understanding the Legal Process

Navigating the legal process in Ohio can be overwhelming. 

Here is a brief overview of what to expect:

1. Investigation: Law enforcement will investigate the allegations, which may include interviewing witnesses, collecting evidence, and possibly arresting the accused.
2. Charges and Arraignment: If charges are filed, you will be formally arraigned in court, where you will enter a plea of guilty, not guilty, or no contest.
3. Pre-Trial Proceedings: Your attorney will engage in pre-trial motions, discovery, and negotiations with the prosecution.
4. Trial: If a plea agreement is not reached, your case will go to trial, where both sides will present evidence and arguments.
5. Verdict and Sentencing: If found not guilty, you will be acquitted of the charges. If found guilty, the court will impose a sentence.

Can You Sue Someone for Falsely Accusing You of Sexual Assault?

If you are cleared of false sexual assault charges, you may have grounds to file a defamation lawsuit against your accuser in court.

In this context, a defamation lawsuit is a civil action that requires proving that the accuser knowingly made false sexual assault allegations.

Before filing a defamation lawsuit, it’s essential to contact an experienced lawyer, as defamation cases can be difficult to prove.

Does Hiring a Sex Crime Defense Lawyer Make Me Look Guilty?

Everyone in the United States is considered innocent until proven guilty and has the right to an attorney. A court cannot presume guilt beyond a reasonable doubt simply because you hired a lawyer.

The Importance of Hiring a Criminal Defense Attorney

Having an experienced criminal defense attorney by your side is in your best interest and is crucial when falsely accused of a sex crime.

Our attorneys can help:

• Protect Your Rights: Ensure that your constitutional rights are upheld throughout the legal process.
• Investigate Thoroughly: Conduct a comprehensive investigation to uncover evidence that supports your innocence.
• Negotiate Skillfully: Engage in negotiations with the prosecution to seek a dismissal of charges or a favorable plea agreement.
• Defend Vigorously: Present a compelling defense in court to secure the best possible outcome.

Facing Criminal Charges Due to False Sexual Assault Allegations? Contact Us

Being falsely accused of sexual assault in Ohio is a serious matter that requires immediate and decisive action.

By understanding your rights, taking appropriate steps, and securing experienced legal representation, you can protect yourself and work towards a favorable resolution.

If you or someone you know is facing sex crime charges based on false accusations of sexual assault, do not hesitate to contact us today for a consultation. We’ll discuss your case and explore your legal options.