Columbus Rape Defense Lawyer

Are you facing criminal rape charges in Columbus, OH? It’s important to enlist the help of a qualified Columbus rape defense attorney as soon as you can – regardless of whether or not the allegations are true. Rape is one of the most serious sex crimes in Ohio.
So, you can be certain that the state will work incredibly hard to convict. The only way to stop that from happening is by asserting a strong defense from the very start. James D. Owen, LLC can and will help you fight to protect your future.
Give our Columbus sex crime lawyer a call to arrange a free initial case evaluation. We’ll sit down with you, listen to your side of the story, and answer any questions you have. We can begin to work on your defense as soon as you reach out to us for help, so give us a call today.
Contents
- 1 Why You Need a Columbus Criminal Defense Lawyer If You’ve Been Accused of Rape
- 2 Understanding Rape Charges in Columbus, OH
- 3 Rape is a Felony in the First Degree
- 4 Do Rape Convictions Require Sex Offender Registration?
- 5 Defending Criminal Rape Charges in Columbus, Ohio
- 6 Schedule a Call With Our Columbus Rape Defense Attorneys
Why You Need a Columbus Criminal Defense Lawyer If You’ve Been Accused of Rape
Rape is a serious accusation. These are allegations that are not taken lightly. In an effort to protect a perceived victim, the state will not hesitate to make an arrest and press charges. However, an arrest doesn’t mean that you’re guilty. Charges don’t mean that you’ll be convicted.
The state has the burden of proving that you’re committed this incredibly serious crime. By hiring an experienced criminal defense lawyer in Columbus, you can make it very difficult for the prosecution to do that.
For more than 30 years, James D. Owen, LLC has been defending clients in Columbus against serious criminal sex charges – including rape. Our criminal defense team understands that your future, reputation, and livelihood are on the line. We also know what it will take to secure the very best outcome in your criminal case. That will involve:
- Challenging the validity of your arrest, searches and seizures, and any evidence the state might have
- Gathering evidence to discredit or disprove the allegations
- Conducting extensive interviews with witnesses and interested parties
- Scrutinizing the state’s case to identify where it might be weakest, and
- Working with experts and professionals to better understand the evidence and facts of your case.
Thanks to our dedication to our clients and our dynamic defense strategies, we’re regularly able to help our clients beat serious criminal charges. Tiem and time again, we’re able to get evidence thrown out. We’re able to get charges dismissed by the prosecution or the judge.
We’re able to articulate persuasive arguments in front of a jury and secure not-guilty verdicts. We know that a rape conviction will change your life forever. So, we’ll do everything in our power to stop that from happening.
Understanding Rape Charges in Columbus, OH
Rape involves forcibly having sex with another person. In Ohio, there are a few different ways the crime of rape can be committed. You can face charges for Rape under ORC Section 2907.02, if you engage in sexual conduct with another person AND:
- You substantially impair that person’s judgment or control for the purpose of preventing resistance;
- The victim is less than 13 years old;
- The victim’s ability to consent or resist is substantially impaired because of their age or a mental or physical condition; OR
- You compel the victim by using force or the threat of force.
Under Ohio state law, it is possible to face criminal charges for if the alleged victim is your spouse. However, you and your spouse must live separate and apart from one another. You cannot face criminal rape charges if the victim is your spouse and you live together.
Defining Sexual Conduct
Remember, the state of Ohio has the burden of proving that you are guilty of rape. In order to do that, prosecutors must be able to establish the elements of the offense beyond a reasonable doubt. One of those elements involves proving that there was sexual conduct.
Rape cannot exist absent sexual conduct. In Ohio, sexual conduct is defined to mean “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.”
In other words, sexual conduct involves penetration or oral sex.
How does the state prove sexual conduct? Prosecutors can rely on direct or circumstantial evidence. This might include:
- The victim’s own testimony
- DNA
- Photographs or video footage
- Witness testimony, or
- Scratch marks or wounds possibly sustained during a struggle.
The more evidence the state has to support allegations the rape, the strong its criminal case will be. However, the defendant will always have the opportunity to challenge evidence and attempt to undermine its strength or credibility.
Rape is a Felony in the First Degree
Rape is always a felony in the first degree, which is the most serious classification for crimes in the state of Ohio. Penalties for a rape conviction in Ohio can include between 3 and 11 years in prison and substantial monetary fines.
That’s just if there are no aggravating factors. Aggravating factors are things that make a crime more serious or harmful. Aggravating factors in a criminal rape case might include:
- Using force or the threat of force
- Conduct with a minor under the age of 13
- The fact that the victim suffered from a mental or physical disability, or
- Preventing the victim from consenting or resisting by administering drugs or alcohol.
The fact that you have a criminal record, prior sex crime convictions, or caused the victim to suffer physical injuries can also lead to enhanced penalties. In some cases, a rape conviction can result in a term of life imprisonment.
Do Rape Convictions Require Sex Offender Registration?
Like many other sex offenses, a rape conviction will trigger mandatory sex offender registration. In Ohio, rape is a Tier III sex offense. This means that, following a conviction for criminal rape charges in Franklin County, you’ll have to register as a sex offender every 90 days for the rest of your life.
Defending Criminal Rape Charges in Columbus, Ohio
When you’re accused of rape, the stakes are incredibly high. A conviction can ruin your reputation. It can cause you to lose your job. It can have devastating consequences in disputes in family court, especially if you have children. So, it’s critical to do everything you to can to defend yourself.
The strongest defense will involve a qualified and experienced criminal attorney. At James D. Owen, LLC , we have 30-plus years of experience constructing defenses against rape charges in Ohio.
You can trust that we will be your fiercest advocate and challenge the prosecution every step of the way. We’ll investigate your alleged crime thoroughly, gather evidence, consult with experts, conduct exhaustive research, and build the strongest possible defense on your behalf.
Our attorneys will raise any argument in your defense, which might include:
- The sex was consensual
- There was no sex or sexual conduct
- You’ve been falsely accused, or
- Your rights have been violated.
It’s important to scrutinize how the state has handled your case. From your arrest to searches to conversations with the police, our team will search for any indicator that your Constitutional rights have been infringed. If we find that to be the case, we’ll immediately file a motion to bring that to the court’s attention.
If your arrest was unlawful or if evidence was secured illegally, the state can’t benefit from that. A successful motion can help us to get evidence excluded or the charges against you dropped, altogether.
Schedule a Call With Our Columbus Rape Defense Attorneys
Have you been accused of rape or unlawful sexual conduct in Columbus, OH? The time to defend yourself begins now. A strong defense, led by a passionate criminal defense lawyer, is the only way to limit the consequences of those accusations. At James D. Owen, LLC, our rape defense lawyers are prepared to help you clear your name and secure the best possible outcome in your criminal case.
If there’s a deal to be made, we’ll find it. If the prosecution’s case is weak, we’ll exploit it. We will do everything in our power to protect your future. To get started, all you have to do is reach out to our Columbus criminal defense law firm to schedule a free consultation.
When you sit down with our team, we’ll listen to your side of the story. We’ll review the state’s evidence and case. We’ll ask questions and give you the opportunity to ask some, too. It’s important to get started on your defense right away, so give us a call or connect with us online now.