Were you accused of sexual assault as a college student in Dayton, Ohio? These allegations can reshape your entire future, but you still have the right to defend yourself with help from an experienced Dayton sexual assault defense attorney for college students.
At Suhre & Associates DUI and Criminal Defense Lawyers, our attorneys have 100+ years of combined experience. Our legal team includes former prosecutors and former law enforcement professionals who understand how these cases are investigated and prosecuted.
Contact our offices today at (937) 531-0435 for a free initial consultation. We can review your situation and discuss the best way to move forward.
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How Suhre & Associates Can Help If You’re a College Student Accused of Sexual Assault in Dayton, OH
A sexual assault accusation in Dayton, OH, can expose a college student to two separate proceedings: a criminal investigation and a university disciplinary or Title IX process. These proceedings may occur simultaneously, and statements or evidence developed in one may become relevant to the other.
Our Dayton criminal defense attorneys know how to navigate both tracks.
If you hire Suhre & Associates to represent you, we can:
- Investigate the allegations and review the evidence being used against you
- Advise you on how to handle university proceedings without unnecessarily harming your criminal defense
- File motions to challenge improperly obtained evidence
- Gather witness statements and other evidence in your favor
- Negotiate with the prosecution when doing so is appropriate
- Represent you at criminal court hearings and at trial if needed
Contact our Dayton college student defense attorneys for help today. We’re available 24/7 to take your call and schedule a free consultation.
Overview of Ohio Sexual Assault Law
Ohio does not have one criminal offense called “sexual assault.” Depending on the alleged conduct and the surrounding circumstances, an accusation may lead to charges for rape, sexual battery, gross sexual imposition, sexual imposition, or another sex crime.
Rape
Rape under Ohio Revised Code § 2907.02 is a first-degree felony. Depending on the circumstances, the charge may involve allegations that the accused purposely compelled another person to submit through force or a threat of force, or engaged in sexual conduct when one of the statute’s substantial-impairment provisions applied. Ohio law requires particular circumstances and knowledge for those impairment provisions to apply.
A rape conviction carries a mandatory prison sentence. The applicable term depends on the subsection charged, and the facts of the case, and Ohio law authorizes substantially longer sentences in certain circumstances.
Sexual Battery
Sexual battery under Ohio Revised Code § 2907.03 covers several situations, including certain forms of coercion, substantial impairment, and specified relationships involving authority or trust. The degree of the offense depends in part on whether the alleged activity involved sexual conduct or sexual contact and, in some cases, the age of the other person.
Sexual battery involving sexual conduct is generally a third-degree felony, while sexual contact is generally a fifth-degree felony, subject to more serious classifications in cases involving minors.
A conviction for rape or certain forms of sexual battery can also trigger Ohio’s sex offender registration requirements. The applicable classification and registration obligations depend on the offense of conviction and other circumstances.
Our Dayton criminal defense lawyers can review the charges against you and help you understand the potential penalties you may face.
What Risks Do College Students Face in Sexual Assault Cases?
A sexual misconduct allegation may also trigger a university disciplinary or Title IX process, depending on the circumstances and school policy. Under the federal Title IX framework currently being enforced, schools covered by Title IX must respond to qualifying reports of sexual harassment within their education programs or activities.
A university disciplinary proceeding does not use the criminal standard of proof beyond a reasonable doubt. Depending on the institution’s policy, a school may use either a preponderance-of-the-evidence or clear-and-convincing-evidence standard. That means a university proceeding can reach a different result from a criminal case.
A finding of responsibility can lead to serious academic discipline, potentially including suspension or expulsion, depending on the university’s policies and the circumstances.
Information developed during university proceedings can also become relevant to a criminal investigation. Education records are generally subject to federal privacy protections, but some records may be disclosed in response to a judicial order, lawfully issued subpoena, or another recognized exception. This overlap is one reason students should be careful about statements they make while both matters are pending.
Our Dayton sexual assault defense lawyers for college students can assist with navigating these complex and often overlapping legal landscapes.
Defenses Available to College Students Facing Sexual Assault Charges
The prosecution must prove every element of a criminal charge beyond a reasonable doubt. That is the highest standard of proof used in the legal system. A defense attorney can examine whether the prosecution has admissible evidence establishing every element of the charged offense.
Depending on the facts, possible defenses may include:
- The encounter was consensual
- The accusation is false or motivated by personal reasons
- There is insufficient evidence to prove the charge beyond a reasonable doubt
- Suppression of police obtained statements or other evidence in violation of your constitutional rights
- Witness testimony or identification evidence is unreliable
- You have an alibi for the time in question
Other defenses may apply depending on the specific facts of your case. A Dayton college student defense lawyer from Suhre & Associates can review the evidence and determine which defenses are supported by the circumstances.
Schedule a Free Consultation With a Dayton Sexual Assault Attorney for College Students Today
Sexual assault accusations involving a college student in Dayton, Ohio, must be taken seriously, but an accusation is not a conviction. You have the right to defend yourself, and getting legal help early can be especially important.
At Suhre & Associates, our attorneys bring 100+ years of combined experience to these cases, including backgrounds in prosecution and law enforcement. Contact our offices today to learn more and schedule your free consultation with a Dayton sexual assault defense lawyer for college students.