Sexual Battery

Columbus Sexual Battery Defense Lawyers

Strong advocacy for those accused of sexual battery in Ohio

Sexual battery is a form of sexual misconduct similar to rape. It generally applies to those who are in a position of trust or authority over people who, because of their age, mental status, or physical status, are unable to resist. A sexual battery conviction is generally a third-degree felony that will lead to incarceration, fines, the loss of many rights, and the requirement to register as a sex offender.

At Soroka & Associates, LLC, our Columbus sexual battery defense lawyers are skilled criminal defense lawyers. Our lawyers have obtained successful results in sex crime offenses in Ohio, including numerous not guilty verdicts and dismissals in cases involving rape, sexual assault, and sexual imposition. Due to our record of success and our dedication to our clients, prosecutors are often willing to negotiate with us when circumstances warrant.

How can we help?

How does Ohio define sexual battery?

Per Ohio statute, sexual battery involves a variety of non-consensual sexual conduct with another person (excepting their spouse) when:

  • One person coerces the other to have sexual contact.
  • One person has sexual contact with another who is substantially impaired or unaware.
  • There is sexual conduct between a minor and a person employed by an institution of higher education.
  • There is sexual conduct between a person in custody of law or in a hospital or another institution when one person has supervisory or disciplinary authority over the other.
  • There is sexual conduct between a minor and his or her parent, legal guardian, or person in loco parentis.
  • There is sexual conduct with a minor by a cleric, and the minor “is a member of, or attends, the church or congregation served by the cleric.”
  • There is sexual conduct with a minor by a peace officer and the peace officer is more than two years older than the other person.

Per Ohio law sexual conduct means:

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. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

What are the penalties for a sexual battery conviction in Columbus?

The Ohio sexual battery statute states that sexual battery, unless other conditions apply, is a third-degree felony. Third degree sexual battery has a 5 year prison max, unless the victim is under 13. If the victim is under 13, then it’s a felony 2 and has a 8 year mandatory max.

If the victim is less than 13 years old, sexual battery is a second-degree felony that will include mandatory prison time.

Anyone convicted of a sex crime must fight against a lifelong stigma, making it difficult to maintain employment, housing, or permanent relationships. To ensure that your freedom is in good hands, it is vital to secure knowledgeable legal representation as quickly as possible.

Will I have to register as a sex offender if convicted of sexual battery?

Anyone found guilty of rape must register as a sex offender with the sheriff where they reside. Sexual battery is considered a Tier III offense. A person convicted of sexual battery must register every 90 days for the rest of their life. Anyone who lives within 1,000 feet of a sex offender is notified, which can make living a normal life impossible.

How can your Columbus sexual battery defense attorneys help my case?

At Soroka & Associates, we provide our clients with aggressive, experienced representation against sex crime charges. We will tirelessly pursue the best possible outcome so that you can get your life back on track. All options for a defense strategy will be considered. We pursue all your Constitutional, legal, and factual defenses including:

  • Constitutional defenses. If you gave a statement or confession that is against your interest because you were unduly pressured by the police, we seek to have that statement or confession suppressed on the grounds that it violated your Fifth Amendment right not to incriminate yourself. If law enforcement seized any hair samples or DNA evidence from you without a warrant or without reasonable grounds, we seek to suppress that evidence on the grounds that it violated your Fourth Amendment right to reasonable searches and seizures. We assert your right to a prompt jury trial, to question the witnesses against you, and other US Constitutional rights.
  • Legal defenses. The government has the burden of proof to prove each element of a sexual battery charge beyond a reasonable doubt. Generally, the prosecution must provide any exculpatory evidence if asked. You have specific legal rights to participate in the jury selection process and to an impartial jury. Forensic evidence may be tainted because it was improperly obtained or because the chain of custody of the evidence was broken. Many other legal defenses may apply in your case.

Other legal defenses include arguing that that conduct was not “sexual conduct,” that the other person consented, that the other person was able to physically or mentally resist, or that other parts of the Ohio sexual battery statute do not apply.

  • Factual defenses. Some of the people who claim to be victims of sexual battery are not telling the truth. We are skilled at questioning the veracity of their statements. Some witnesses may even lie or fabricate an offense for personal reasons.

We work with investigators who question any witnesses who have knowledge of the events that led to the charge. Our Columbus sexual battery defense lawyers also work with forensic experts who understand when proper forensic procedures by the prosecution were not followed.

Do you have a sexual battery defense lawyer near me?

At Soroka & Associates, we meet clients at our office located at 503 South Front Street, Suite 205. We’re near I-71 and Rt. 23. We also meet clients in detention centers if needed.

Talk to a respected Columbus sexual battery defense lawyer today

Get help now. Speak with the Columbus sexual battery defense attorneys at Soroka & Associates. We’ll guide you through each phase of the criminal process. We work aggressively to obtain dismissals before trial and to obtain acquittals at trial. We are skilled negotiators who understand when and under what terms you might consider a plea bargain. To assert all your defenses and speak with a lawyer who will fight for your freedom, call us at 614-358-6525 or complete our contact form to schedule a free consultation.