
A campus sexual assault accusation can turn your world upside down. Whether it stems from a misunderstanding, a drunken hookup, or a false allegation, the impact can be immediate and severe. At schools like Ohio State, Capital University, Columbus State, and others in the Columbus area, you could face both a campus investigation and criminal charges, putting your education, freedom, and future at risk.
At Luftman, Heck & Associates, we’ve defended countless students and young professionals facing these exact accusations. As experienced Columbus criminal defense lawyers with experience in sex crime allegations, we know how overwhelming and isolating this experience can be, and how quickly things can spiral without the right legal help.
Before you talk to anyone—campus officials, police, or even a friend—talk to us.
A Campus Sexual Assault Accusation Can Change Everything
Sexual assault allegations on a college campus aren’t just disciplinary issues. They’re legal emergencies. If you’re a student at The Ohio State University, Capital University, Columbus State, or any other Columbus-area college and you’ve been accused of sexual misconduct, you’re likely facing two parallel—and potentially devastating processes: a university-led Title IX investigation and a sex crime investigation.
The university can suspend or expel you, bar you from campus housing, revoke scholarships, or place a permanent mark on your academic record. At the same time, Ohio criminal charges for sexual assault—such as rape (ORC § 2907.02), sexual battery (ORC § 2907.03), or gross sexual imposition (ORC § 2907.05)—can result in years in prison, heavy fines, and mandatory sex offender registration.
Even if the accusation doesn’t result in a conviction, the allegation alone can cause lasting damage to your reputation, career opportunities, and mental health.
Common Sexual Assault Charges Faced by College Students in Ohio
Imagine you’re a student at OSU. After a night out, you and another student head back to your dorm in Smith-Steeb Hall. A few days later, you receive an email from the university’s Title IX office alerting you that you’ve been accused of sexual misconduct. You’re shocked. You thought everything was consensual. But the other person says they were too intoxicated. Within days, you’re suspended, removed from campus housing, and contacted by Columbus Police.
Scenarios like this play out across Columbus campuses more often than you might think—and they often lead to serious criminal charges. Here are the most common charges students face:
Rape (First-Degree Felony)
Rape in Ohio is defined as engaging in sexual conduct with another person when force, threat, or inability to consent is involved—such as when someone is passed out or highly intoxicated. This is a first-degree felony, punishable by up to 11 years in prison and mandatory sex offender registration.
Sexual Battery
Sexual battery applies when the accused uses authority or influence, or if the other person is substantially impaired and unable to resist. A student who engages in sexual activity with someone who’s mentally or physically impaired—even without malicious intent—can still face a third-degree felony and years in prison.
Gross Sexual Imposition
This charge involves sexual contact (e.g., groping, fondling) rather than intercourse, and it often arises from allegations made during parties, campus events, or group outings where alcohol is involved. A student could be charged if the alleged victim was too intoxicated to consent, resulting in a fourth-degree felony.
Unlawful Sexual Conduct with a Minor
If you’re 18 or older and engage in sexual activity with someone who is 13 to 15, even if they lied about their age or appeared older, you could be charged with a felony. This is particularly relevant in college towns like Columbus, where high school and college populations often mix socially.
Consent, Alcohol, & Drug-Facilitated Sexual Assault on Campus
Consent is at the heart of every sexual assault case—but on college campuses, alcohol and ambiguity can complicate everything. Under Ohio law, someone cannot give legal consent if they are:
- Intoxicated to the point of substantial impairment
- Asleep or unconscious
- Under the influence of drugs (including those unknowingly ingested)
- Coerced or threatened
If you’re accused of taking advantage of someone who was intoxicated—or if there’s an allegation that you intentionally provided alcohol or drugs to lower their ability to consent—you could face additional charges and increased penalties.
Sexual Assault on Campus: University Discipline vs. Criminal Investigations
If you’re a student accused of sexual assault at The Ohio State University, Capital University, Columbus State, or Otterbein, you may find yourself caught in two very different systems: your school’s Title IX disciplinary process and the Ohio criminal justice system.
While they often run in parallel, these processes have separate rules, timelines, and consequences; what happens in one can affect the other.
Student Disciplinary Process | Criminal Justice Process |
---|---|
Before a hearing, colleges and universities may impose temporary measures, which include removing the accused from campus housing, removal of the accused from athletic teams and other extracurricular activities, withdrawal from classes, temporary school suspension, and no-contact orders. | Before a trial or other criminal hearing, a judge may order the accused to have no contact with the victim and impose bail or hold the accused in jail without bail or bond. |
Possible punishments: suspension or expulsion with permanent remarks on your transcript. Those charged with a sexual misconduct violation may face a lot of trouble trying to transfer to other schools or get into graduate school, and finding future employment. | Possible punishments: probation, fines, and/or jail. |
Title IX Sexual Assault Hearings are Administrative, Not Legal
Universities are required by federal law (Title IX) to investigate allegations of sexual misconduct. These hearings are not criminal trials, but they carry real and immediate consequences: you could be suspended, expelled, or permanently marked on your transcript—even if no criminal charges are filed.
For example, OSU’s Student Conduct Code (Chapter 3335-23) allows the university to impose:
- Emergency removal from housing
- No-contact orders
- Suspension from classes or athletic programs
- Transcript holds during investigation
The university investigator may be a staff member, not a law enforcement officer. You’re not guaranteed the right to cross-examine your accuser or have evidence reviewed to criminal standards. And while you can have an attorney advise you, they may not be allowed to speak on your behalf during a hearing.
Criminal Prosecution for Campus Sex Offenses
At the same time, your case may be referred to the Columbus Police or campus police, triggering a full criminal investigation. If you’re charged with a sex crime, you’re facing felony charges, potential prison time, and mandatory sex offender registration.
A conviction could follow you for life, limiting your ability to finish school, get a job, or even rent housing.
What to Do Immediately if You’re Accused of Sexual Assault on Campus
If you’ve been accused of sexual assault on campus, your first instinct might be to explain yourself to school officials, investigators, or even the person accusing you. Don’t. Anything you say—whether to a Title IX coordinator, a campus investigator, or law enforcement can and likely will be used against you in both disciplinary and criminal proceedings.
Do not answer questions or make statements without a lawyer. Instead, take these immediate steps to protect your rights and build your defense:
- Preserve all communication and evidence related to the incident. Save text messages, DMs, social media posts, photos, and any correspondence that may support your side of the story.
- Do not contact your accuser, directly or indirectly. Even an attempt to reconcile or “clear the air” can be viewed as intimidation or retaliation, which could lead to additional disciplinary or criminal charges.
- Stay off social media. Public comments, even vague ones, can be misinterpreted or taken out of context.
- Keep the situation private. Only speak to your attorney and close family members who are directly involved in your support or legal strategy.
You may also become subject to a civil protection order (CPO) or university no-contact directive. These legally binding orders can restrict where you live, study, or work—and violating one can result in arrest, regardless of the underlying case. Your attorney can help you understand your obligations and fight to limit the order’s scope.
Further Reading:
- What to Do If You’re Arrested for the First Time in Ohio
- Your Rights After Getting Arrested in Columbus, OH
- How to Get a Lawyer for Someone in Jail in Ohio
- 5 Ways to Get Criminal Charges Dismissed in Ohio
- 6 Things You Can Do if You’re Wrongfully Accused of a Crime in Ohio
Does Being Drunk Protect Me from Sexual Assault Charges?
No. Being intoxicated is not a defense to committing sexual assault in Ohio. If the accuser was drunk and unable to consent, you could face more severe charges, especially in drug-facilitated sexual assault cases. Courts expect individuals to be aware of and responsible for their actions, even when impaired.
Will I be Expelled if I’m Accused of Sexual Misconduct at School?
Not automatically. However, you may face an interim suspension while the school investigates. If you are found “responsible” for violating university policy—even without a criminal conviction—you could be expelled or suspended, and the violation could be permanently recorded on your academic transcript.
Should I Talk to a Campus Advisor Before Hiring an Attorney?
You can, but you should not rely on campus advisors or Title IX coordinators to protect your legal rights. They work for the university, not for you. Their goal is to ensure compliance with federal guidelines, not to help you defend yourself. Always speak with a qualified defense attorney first to avoid making statements that could harm your case.
Can I Continue Going to Classes or Remain in My Dorm During the Investigation?
It depends. Many Columbus-area universities, including OSU, often impose interim measures such as class schedule changes, bans from specific buildings, or even temporary suspensions while the investigation proceeds. These restrictions can feel like a punishment even before a finding has been made—which is why having an attorney push back on unfair measures is so important.
Will a Sexual Assault Accusation Affect my Future Career or Grad School?
A disciplinary finding of responsibility—even without a criminal conviction—can appear on your transcript or academic record. Many graduate programs, licensing boards, and employers conduct background checks that may flag these incidents. Acting quickly to fight the allegations is critical to preserving your academic and professional future.
Can I Appeal a Title IX Decision or Sex Crime Conviction?
Yes, but both appeal processes are complex. Most universities, including OSU and Capital University, allow limited appeals for procedural errors, new evidence, or bias. In criminal cases, appeals are handled through Ohio’s court system and require strong legal grounds. An experienced attorney can review your options and guide you through either process.
Accused of Sexual Assault at School? LHA Can Help
At Luftman, Heck & Associates, we understand the long-reaching consequences sexual assault charges can have on the trajectory of your life path. At LHA, our team’s intimate understanding of Ohio sexual assault laws can help you tell your side of the story, dispel false accusations, and fight to achieve the best possible outcome.
Call us today at (614) 500-3836 to learn how we can help in a free and confidential case evaluation.