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Only the act itself and the age of the victim/complainant or other criteria need to be proved. In relation to many other offences there is no requirement to prove an absence of consent. And (A) does not reasonably believe that B consents.In relation to these offences, a person (A) is guilty of an offence if (s)he: causing a person to engage in sexual activity.The Act sets out the offences requiring the prosecution to prove absence of consent at sections 1-4. Prosecutors are advised to view ‘Consent in Sexual Cases' - which can be accessed via the Prosecution College. Toolkits on consent have been created to assist investigators, prosecutors and advocates when considering issues in relation to consent and evaluating the evidence in a case. It is important to make a distinction between consent and mere submission, acquiescence or compliance. ostensible consent, but it is not true consent in the particular context in which the offending has occurred, for example in cases where a young complainant has been groomed. Sometimes consent is given, or appears to be given, i.e. Freedom to consent in cases involving ‘conditional consent’Ĭonsent should be carefully considered when deciding not only what offence to charge but also whether it is in the public interest to prosecute.Consent in Child Sexual Exploitation cases.Consent to serious harm for sexual gratification.Consent and penetration as a continuing act.Please call us today for legal advice and help in this difficult situation. The one factor that is true in all felony sex offense cases is that you need an aggressive defense as quickly as possible to preserve and execute all possible legal defense options. If you are being falsely accused of this charge or are otherwise being treated unfairly, in either case, we have a lot of work to do to protect your rights and prepare a defense.Ī plea deal for a charge reduction may be an option if the state’s case is weak and the evidence against you is this.Īny situation where we can negotiate to take prison time of the table and work to avoid you being added to the federal and state criminal sex offender registry may be a good outcome. There is no simple answer to this question, it is completely case dependant and situational. How Do You Defend Against a Gross Sexual Imposition (GSI) Charge? Ref: Ohio Revised Criminal Code, Chap 2907, Sec 5. In cases where the victim is 12 or younger, it is always a 3rd-degree felony. In cases of the accused willfully rendering the victim to be without consent by deceptively or by force administering drugs or alcohol, Gross sexual imposition is a 3rd-degree penalty, which has a maximum sentence of 5 years in prison and fines up to $10,000. It is a 4th-degree felony in most cases, which carries a penalty of up to 18 months in prison and fines up to $5000. GSI is either a third or fourth-degree felony. GSI consists of nonconsensual touching of erogenous zones for the purpose of arousal or sexual gratification. Sexual consent may be legally absent in the case of drug or alcohol intoxication, a mental or physical condition on the part of the victim where he or she is unable to consent, or consent is not possible by statute, such as with a victim under the age of 13.Īcts of gross sexual imposition differ from rape in that in involves no intercourse, oral sex or other penetration.
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Under Ohio law, gross sexual imposition involves sexual assault that either uses A) force or threats, or B) other means to limit and restrict consent. Call us today to speak with an Ohio attorney in your area who will listen to you.
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The courts are not going to cut you a break and go easy on you. Any sex offense carries a serious stigma, and sometimes you will find that no one else is on your side other than your attorney. When faced with a sexual assault charge that is potentially life altering, you need the help of a very experienced criminal defense lawyer. These are all felony sex offenses that can result in a prison sentence, as well as being registered as a sex offender.Īny such accusation, charge, and arrest is extremely serious and no doubt incredibly difficult for the person accused. Gross Sexual Imposition is a serious criminal offense that includes sexual assault and a variety of illegal and non-consensual sexual acts with physical contact.