Dayton Rape Attorney

Were you recently arrested on rape charges in Dayton, OH? Being accused of a serious sex crime can be extremely damaging–well before you’ve had the opportunity to defend yourself. A Dayton rape attorney at Suhre & Associates, LLC can work to protect you from the beginning. 

Collectively, our lawyers have over 100 years of experience fighting for clients like you. We’ve helped countless clients fight serious criminal charges, including rape. 

If you’re accused of rape, expect the prosecutor to fight hard to convict. Our lawyers will fight back just as hard. Call our law offices in Dayton, Ohio, today and schedule a free initial consultation to get started.

How Suhre & Associates, LLC Can Help if You Were Arrested for Rape in Dayton, OH

Our lawyers at Suhre & Associates, LLC have handled complex and emotionally charged criminal cases over the years. We know how criminal sex charges can impact your future and your freedom. Even the mere allegation that you committed a sex offense can threaten your personal and professional reputation.

It’s important to defend yourself aggressively. Better yet, it’s critical to hire an elite Dayton criminal defense attorney to fight for you. Suhre & Associates, LLC has defended Dayton residents against sex crimes for decades. Our team, which includes former police officers and prosecutors, has been recognized as “Super Lawyers” and “Top 100 Trial Lawyers.”

Here’s what you can expect when you hire us:

  • We’ll investigate the circumstances surrounding your arrest to identify any constitutional violations
  • We’ll conduct our own investigation to locate any evidence that could establish your innocence
  • Our lawyers will negotiate with prosecutors to get your charges reduced or dismissed
  • Our legal team will conduct a detailed analysis to find any weakness in the prosecutor’s evidence and case

Collectively, our top rated lawyers have over 100 years of experience fighting serious criminal charges in Ohio. Would you like to have an experienced Dayton criminal defense lawyer evaluate your case? Call today to learn more.

Overview of the Rape Laws in Ohio

Every state has its own criminal code. In some states, the terms rape, sexual assault, and sexual abuse are used interchangeably. In Ohio, rape itself is a criminal offense under Ohio Revised Code Section 2907.02

A person commits rape under Ohio law if they purposefully compel another person to engage in sexual conduct by use of force or threats of force.

In Ohio, a defendant can also be found guilty of rape for engaging in any type of sexual conduct with a person when:

  • The victim is younger than 13 years of age, regardless of whether the defendant knew the victim’s age
  • The defendant used force or deception to administer any type of drug or intoxicant that would impair the victim’s judgment
  • The victim was unable to resist or consent because of advanced age, a mental deficiency, or a physical impairment

Rape is usually a first-degree felony. If charged, you should call a sex crimes defense lawyer for legal advice immediately.

“Consent” is usually a key element of any rape case. Montgomery County prosecutors may attempt to demonstrate that consent was lacking because the victim was:

  • Under the age of consent
  • Suffering from certain mental or physical conditions that made consent impossible
  • Intoxicated 
  • Coerced or forced into participating in sexual conduct

The phrase “sexual conduct” can actually cover a broad range of activities, including:

  • Vaginal intercourse
  • Anal intercourse
  • Fellatio
  • Cunnilingus 
  • Penetration with a foreign object

Ohio state prosecutors may also charge a defendant with sexual battery under Ohio Revised Code Section 2907.02.

Statutory Rape Laws in Ohio

Most rape charges are based on a lack of consent. In statutory rape cases, it’s possible to convict a defendant even if both parties engaged in sexual conduct willingly. In Ohio, the age of consent is 16.

Even if the minor consents, a person who is 18 or older can be charged with statutory rape for engaging in sexual contact with the minor.

If you’ve been charged with statutory rape or child pornography, call our defense lawyers in Dayton for immediate assistance.

What are the Penalties for Rape in Dayton, Ohio?

Rape is a first-degree felony in Ohio. Presumptive minimum sentences will come into play if you’re convicted on rape charges in Dayton. Depending on the circumstances, the mandatory minimum prison sentence could be three, four, five, six, seven, eight, nine, ten, or 11 years.

First and second-degree felony sentencing guidelines in Ohio are extremely complex. The circumstances of the crime can play a huge role in determining the maximum sentence. You can also face a longer prison sentence if you’re convicted of multiple felonies.

Typically, Ohio courts will add 50% of the minimum term to reach the maximum prison sentence. However, if convicted on first-degree rape charges, you could face up to a life sentence. Your specific sentence will depend on whether any aggravating or mitigating factors are found.

All information is relevant, including:

  • Whether the victim was seriously injured
  • Any prior history of criminal activity
  • Your general character in the community
  • Whether you were intoxicated at the time (and seeking treatment)
  • Any past mental or physical trauma you’ve suffered

Courts can also impose a monetary fine of up to $20,000.

Ohio Sex Offender Registration Requirements

The collateral consequences of a rape conviction extend far beyond prison and financial penalties. If convicted on rape charges, you’ll be required to register as a sex offender with local law enforcement in the state of Ohio.

Defendants who are convicted of first-degree rape are classified as Tier 3 sex offenders and subject to the harshest sex offender registration rules. Under Megan’s Law, convicted rapists are required to register with a local Sex Offender Registration and Notification (SORN) unit every 90 days for the rest of their lives. 

You’ll be required to provide the local sheriff with certain personal information on a regular basis, including:

  • Your home and work addresses
  • A photo
  • Fingerprints
  • Vehicle identification information
  • Information about your criminal conviction
  • Any identifying characteristics

This information is made publicly available via the sex offender registry in Ohio. If you are classified as a Tier 3 sex offenders, the sheriff will also distribute a notice to all neighbors within 1,000 feet of your residence. 

Sex offender registration requirements continue even if you move to another county or state. Failure to register as a sexual offender is also a felony crime, meaning you can face additional prison time if you fail to comply with all requirements.

What Defenses Can Be Raised if I’m Accused of Rape? 

Every criminal defense case is unique. At Suhre & Associates, LLC, we custom-tailor every legal defense strategy to the specific facts of your case. Your comprehensive rape defense may include any one or more of the following:

  • False allegations of rape
  • Actual innocence, including mistaken identity and alibi defenses
  • Defects in any of the prosecution’s physical evidence, including DNA evidence
  • The victim’s consent
  • Mental incapacity to commit the crime
  • Illegal search and seizure of evidence
  • Police or prosecutorial bias
  • Failure to prove any element of rape beyond a reasonable doubt
  • Challenges to witness credibility
  • Challenges to a witness’ motives
  • Violations of your right to an attorney while being interrogated or at any stage in the criminal process

Our Dayton sex crimes defense attorneys may also present scientific evidence to counter any DNA evidence that the prosecution has relied upon. We’ll also do everything we can to challenge the credibility of the state’s evidence at every turn.

We know the stakes are high if you’re facing rape charges in Dayton. Our goal is to make it as difficult as possible for the prosecutor to convict. Our Dayton rape defense lawyers will examine your case from every angle. If there is any weakness in the prosecutor’s case, you can count on us to find it.

The Role of False Allegations in a Rape Case

Sometimes Ohio state prosecutors decide to charge a defendant with rape based only on a person’s allegations. All too often, those allegations turn out to be false. Despite this, it can be incredibly difficult to dispute the emotional testimony of an alleged rape victim–and juries are often highly influenced by this type of testimony.

Some accusers report rape for:

  • Revenge
  • An attempt to influence the outcome of a child custody or divorce case
  • Embarrassment after freely participating in sexual conduct
  • Financial incentives

The key is to remember that you’re innocent until proven guilty. Our lawyers will launch a full investigation designed to discredit any allegations. If you’ve been charged with a sex crime, call our law firm today.

Schedule a Free Consultation With a Dayton Rape Attorney Today

If you’re facing sex crimes charges in Dayton, help is just a phone call away. An experienced Dayton rape attorney at Suhre & Associates, LLC can offer the solid knowledge of the Ohio criminal justice system that you need. Just call our offices or fill out our contact form to schedule your free consultation today.