Sexual battery laws: Some things that you should know

Sexual battery laws: Some things that you should know
Also referred to as sexual assault, the sexual battery is a criminal offense in Ohio and attracts severe punishment for being a felony. What circumstances led to such an event decides the seriousness of the crime and the penalties associated with it. In the eyes of the law, everyone gets equal treatment regardless of whether it involves married couples, strangers, or acquaintances.

What is a sexual battery in Ohio?

Any undesirable sexual touch or conduct falls into this category. When a person forces a victim for physical intimacy against her desire, it can become a rape case. If the victim did not give consent for sexual intercourse due to unconsciousness or mental incapability, then again, it qualifies as a rape case. It takes the form of statutory rape when it involves a minor.

What are the penalties for such crimes?

Two factors play a critical role in helping a judge to take a call about penalties, including a victim’s age and the situation leading to the crime. For instance, a sexual attack on a 13 year will cause either a fine or minimum one to five years of jail or a combination of both. The penalties get exorbitant if the crime includes rape, for which the criminal has to spend from five to eleven years in jail or pay fine and stay behind bars.

Additionally, the crime can incur life imprisonment for a guilty if the 13-year-old suffered tremendous damage due to rape or if the victim was less than ten years. There will be no parole.

How can a person defend himself from sexual battery charges?

Like other criminal cases, the defendants charged with a sexual offense can claim that someone else did the crime. Another defense can be that it happened with consent between two parties. However, “consent” is a broad term, as a result of which people tend to ask many questions around it. For instance, does it mean saying no, or does it mean that the victim has to stand her ground vigorously? Nevertheless, this question arises only when the victim and the defendant are adults age 18 or more.

In case it is statutory rape, then the law says that minors legally cannot give consent to sexual activities. It also implies that even if it included approval, the act is illegal, and the offender has to face a conviction for rape or sexual battery.

Sometimes, some people use an insanity plea to prove that the suspect is not mentally fit, due to which he cannot understand what he does and why and what is not lawful.

How does the bail process work in sexual assault cases?

The police arrest the suspect and take him to the police station for investigation. If the charges against him are not stringent, he can deposit bail and go home. Otherwise, he may have to wait for a bail hearing for his release. When the judge announces a bail amount, you can pay it in cash or through check or credit card as permissible on his behalf. If the amount is unaffordable, then you can contact a bail bond agent for help.

If you live in Ohio and have any such issue facing you, then consider getting in touch with Castle Bail Bonds for more information.

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CATEGORIES : Crime Women's Issues

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