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Adam G. Burke is a top Columbus criminal defense attorney. He represents clients in federal and state courts in Columbus, Ohio and surrounding areas. He has successfully defended men and women facing serious felony and misdemeanor charges.

Columbus Rape Defense Lawyer

In a country where an estimated 90,000 women are raped annually, rape is tackled aggressively by the law. Ohio rape charges are among the most serious you can face in the state. If you have been charged with rape, it is in your best interest to consult a lawyer as soon as possible to get a better idea about the case against you. Call Attorney Adam Burke now for your free consultation at (614) 280-9122.

Definition: Ohio Rape Charges

In Ohio, a person may be charged with rape if he or she allegedly engages in sexual conduct with a person who is not their spouse, or a person who is their spouse and lives separately, as long as any one of the following condition applies:

  • The accused, for the purpose of preventing resistance, substantially impaired the other person’s judgment and/or control by the use of an intoxicant or similar substance, or if the substance is given by force, threat of force, or deception was used.
  • The other person was less than 13 years of age (it is no defense if the offender could not rightly guess the age of the person).
  • The other person could not resist or consent to the act fully because of a mental condition, a physical condition, because of advanced age, or because the accused had reason to believe this to be true of the person.

A person is also charged with rape if they engage in the act with another by purposefully compelling the other person by force, or by threat of force.

It is not a defense to the crime even if the persons involved were married to each other at the time, or were cohabiting at the time the crime was committed. Also, please note that a victim does not need to prove that physical resistance was used against the offender in rapes cases.

It is considered unlawful sexual conduct with a minor, and not rape, if a person who is eighteen or older engages in sexual conduct with a person who is more than 13 years and less than 16 years of age. This is a felony of the 4th degree, or in some cases, when the age difference is no more than 4 years, a misdemeanor of the 1st degree. 1http://www.ageofconsent.com/ohio.htm[/ref] 2

Penalties for Rape

Rape is a felony of the 1st degree, the most serious kind of felony. A felony of the first degree involves a 3 to 10 year jail sentence, as well as fines of up to $20,000. A forcible rape of a victim under the age of 13 years is considered to be a far more grave offense. In such cases, the penalty is life imprisonment.

If the act involves sexual assault, it may be tried by the federal court, as opposed to the state court. 3 4

Burke, Meis & Associates — Columbus, Ohio Rape Defense Attorney

If you have been charged with rape, contact Attorney Adam Burke of Burke, Meis & Associates for you free consultation at (614) 280-9122.