Gross Sexual Imposition in Ohio

What is Gross Sexual Imposition According to Ohio Revised Code 2907.05?

Under Ohio Revised Code (ORC) Section 2907.05, Gross Sexual Imposition occurs when a person engages in sexual contact with another individual, not their spouse, under specific circumstances, including:

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1. Force or Threat:  The offender compels submission by force or threat of force.

2. Impairment:  The offender impairs the victim’s judgment or control through drugs, intoxicants, or deception.

3. Knowledge of Impairment:  The offender knows the victim’s ability to consent is impaired due to substances administered with the victim’s consent for medical purposes.

4. Minor Victim:  The victim is under 13 years of age, regardless of the offender's knowledge of their age.

5. Mental/Physical Condition:  The victim’s ability to consent is impaired due to a mental or physical condition, and the offender is aware or should reasonably know of this impairment.

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According to Ohio R.C. 2907.05(B), it is prohibited to knowingly touch the genitalia of a person under twelve (12) years old with the intent to abuse, humiliate, degrade, or arouse sexual desire.

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What does that mean in layman's terms?

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In essence, Gross Sexual Imposition involves non-consensual sexual contact or coercing others into sexual activity without consent.

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What Constitutes Sexual Contact?

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Ohio R.C. 2907.01 defines sexual contact as any touching of an erogenous zone (e.g., genitals, buttocks, or breasts) with the intent to sexually arouse or gratify either party.

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How does the law help Victims?

1. Resistance is not Required:  Victims do not need to prove physical resistance during the incident.

2. Trial Evidence Restrictions:  Under Ohio’s Rape Shield Law, evidence of past sexual activity is typically inadmissible unless it directly relates to the case, such as proving the origin of semen or a past relationship between the victim and offender.

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What are the Penalties for Gross Sexual Imposition in Ohio? 

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The severity of penalties depends on the circumstances:

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• Fourth-Degree Felony:

  • 6 to 18 months imprisonment

  • Up to $5,000 fine

  • Tier I sex offender registration (every 12 months for 15 years)

• Third-Degree Felony:

  • Victim under 13 or use of intoxicants to commit the offense

  • 9 to 60 months imprisonment

  • Up to $10,000 fine

  • Tier II (if the victim was under the age of 13) (every 6 months for 25 years) or Tier III (if the victim was under the age of 12) sex offender registration (every 6 months for 25 years). 

• You shouldn't panic, however, as charges may be negotiated and evidence must be challenged. 

What should you do if Accused? 

Being accused of Gross Sexual Imposition carries severe consequences, including lasting damage to one’s reputation. If accused:

1. Do Not Speak to Authorities: Avoid making statements without an attorney present. Anything you say can be used against you.

2. Contact an Attorney Immediately: An experienced criminal defense attorney can guide you through the legal process, build your defense, and ensure your rights are protected.

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How We Can Help?

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At Ohio Legal Group, our team of experienced attorneys has represented individuals across Ohio in cases involving Gross Sexual Imposition.  We stay informed of legal developments to provide effective defense strategies.

Contact Us Today:

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Call us at (419) 625-1234 for a consultation or visit www.OhioLegal.org for more information. Let us help you navigate this challenging time.