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Rape

Rape may be charged under a number of different circumstances.

To be charged with rape, you are alleged to have done one of the following:

  • Had sex with anyone by forcing them or threatening the use of force
  • Had sex with someone besides your spouse, or your spouse during a separation, and gave them a drug without their permission
  • Had sex with someone besides your spouse, or your spouse during a separation, and that person was under 13, whether or not you knew their age
  • Had sex with someone besides your spouse, or your spouse during a separation, and their mental or physical condition, or advanced age, impaired their ability to consent

There are few criminal cases more sensitive or consequences more life altering than when a person is charged with rape.  Depending on the severity of the allegations, rape can be punishable by up to life in prison without parole.

If you are convicted of rape, you will be classified as a sex offender. The sex offender classification is a tiered system, based on the severity of the offense.

Required registration as a sex offender every year for 15 years (10 if you were a minor when the offense was committed); no community notification required

Required registration as a sex offender every 180 days for 25 years (20 if you were a minor when the offense was committed); no community notification required
Required registration as a sex offender every 90 days; community notification of sex offender status

Simply put, if you are convicted of a rape, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, your life will never be the same. Therefore, it is critical that you give your rape charge the level of importance it deserves.

The Columbus Criminal Defense team takes an aggressive and comprehensive approach when representing clients charged with rape. First and foremost, we will figure out if the charges are fabricated, what mistakes the police or detectives made during their investigation, whether your arrest was lawful, if there were any problems in the collection, storage or testing of evidence and any other legal issues that can be raised on your behalf.

We do this by requesting discovery from the prosecutor and by conducting our own investigation. The discovery will generally consist of police reports, additional investigative notes, lab reports and potentially video or audio.

Our investigation will consist of going to the scene, interviewing all witnesses and potentially hiring a private detective or forensic expert for further investigation.  As our client, you will receive a copy of everything received from the prosecutor and our investigation for your review.

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

For nearly ten years, the Columbus Criminal Defense team has successfully represented clients charged with criminal offenses from minor misdemeanors to first degree felonies. That extensive previous experience will enable us to better help you.

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Are you in trouble? Contact us.

If you’ve been charged with rape or attempted rape, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced sex crimes lawyer to fight for you in court, please contact us at or via email at advice@columbuscriminalattorney.com.

Attempted Rape

This is a felony of the second degree and carries the following penalties:
  • A prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
If any of the following conditions apply, it’s a felony of the first degree:
  • You were previously convicted of attempted statutory rape
  • You were previously convicted for attempted rape of someone between 16 and 18 with the use or threat of force or someone 10 or younger
  • You have a prior conviction that’s similar to either of the above
  • You’ve previously been convicted for statutory rape
  • You caused serious physical harm to the victim
  • You have a previous conviction for any of the above

The penalties are as follows:

  • A mandatory prison sentence of 15 years to life
  • A possible fine ranging from $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
If the victim was between 16 and 18 years old, it’s a felony of the first degree and carries the following penalties:
  • A mandatory prison sentence of five to 25 years
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
If the victim was 10 years old or younger, or they were between 16 and 18 and force or a threat of force was involved, it’s a felony of the first degree and carries the following penalties:
  • A mandatory prison sentence of 10 years to life
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status

Rape

This is a felony of the first degree and carries the following penalties:
  • A prison term of three to 11 years
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • A prison term of 10 years to life
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • A prison term of 25 years to life
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • A prison sentence of 25 years to life
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • If this was committed after January 2, 2007, a prison term of 15 years to life
  • If this was committed before January 2, 2007, a prison term of 10 years to life
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • A prison term of life without parole
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
This is a felony of the first degree and carries the following penalties:
  • A prison term of life without parole
  • A fine of $10,000 to $20,000
  • Required registration as a sex offender every 90 days; community notification of sex offender status
Have a question we didn’t answer below? Feel free to email us or call us and we’ll help you out.

In some cases, verbal consent on its own isn’t enough. It’s not a valid defense in cases involving minors under the age of 16, an intoxicated person or a person who couldn’t resist because of mental or physical disabilities or old age. It’s also invalid if the person gave verbal consent under threat of force.
According to Ohio law, physical resistance isn’t necessary to press charges against someone else.
The victim’s sexual history or reputation may be used as evidence in a case, but only as it pertains to the origin of semen, pregnancy or disease or that person’s sexual history with you. Even then, it may only be used as long as “its inflammatory or prejudicial nature doesn’t outweigh its probative value,” meaning it’s meant to support a fact in the case and not merely prove a point of view.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886