Dayton Sexual Assault Lawyers
Sexual Assault Defense in Ohio
In Ohio, sexual battery, also called sexual assault or rape, is a felony offense. If you have been accused of sexual assault, you need to put an experienced criminal defense attorney on your side as soon as possible. At L. Patrick Mulligan & Associates, LLC, we have over 50 years of combined experience and have achieved a track record of success in both state and federal courts. Led by Attorney L. Patrick Mulligan, a Board Certified Criminal Law Specialist since 1997, our firm’s passion for protecting the rights of the accused has earned us a reputation as one of the most accomplished and trusted firms in the state.
Facing charges? Contact our Dayton sexual assault attorneys today at (937) 685-7006 for a free and confidential case evaluation. We serve Southwest Ohio.
What Is Sexual Assault?
Sexual assault/battery involves unwanted sexual contact or touching. The most serious form of sexual assault is rape, in which a person compels another person to engage in sexual intercourse against the victim’s will. This includes situations in which the victim was unable to consent to sex, such as if they were passed out from drug or alcohol use. A person can be charged with statutory rape if the sexual activity involved a minor who is incapable of giving consent in the eyes of the law.
Penalties for Sexual Assault in Ohio
The penalties for a sexual assault crime depend on the circumstances of the crime and the age of the victim.
- Sexually assaulting a person over the age of 13 is punishable by at least one year (up to five years) in prison and/or a fine.
- A conviction for rape of a person 13 or older is punishable by five to 11 years in prison and/or a fine.
- Sexual assault of a person under the age of 13 is punishable by two to eight years in prison and/or a fine, while rape of a person under 13 can result in life in prison. (This sentence can be elevated to life without parole if the assault resulted in serious harm to the victim or if the victim was under the age of 10.)
In addition to these consequences, a sexual assault conviction will have other collateral consequences. These can include a loss of reputation and a criminal record which can make it difficult for the convicted person to find a job, rent an apartment, obtain a loan, or qualify for some forms of federal assistance.
With so much at stake, do not delay in getting quality legal help as soon as possible.
How Can I Challenge Sexual Assault Allegations in OH?
As more emphasis is being placed on sexual assaults by the mainstream media, false accusations for these crimes has also become a concern for many people. A few ways that you can challenge sexual assault allegations include the innocence defense, consent defense, and insanity or mental incapacity defense.
The Innocence Defense
The simplest defense against sexual assault allegations is to claim and maintain that you are innocent. Having an alibi that proves you couldn’t have possibly carried out the assault due to your location at the time of the alleged event can be one of the strongest pieces of evidence in your case.
You will need to have credible evidence that supports your innocence claim. Hotel receipts, plane tickets, credit card bills, and corroborating witnesses can all be used to demonstrate to the court that you are innocent.
If you have been accused of sexual assault in Dayton, you can use the evidence above to show that you were actually in another location when the assault took place. This can possibly result in your charges being dropped.
Another strong defense is to claim that you have been misidentified by the alleged victim. Similar to using an alibi, you will need strong evidence that shows you have in fact been misidentified as the perpetrator. DNA evidence can be used to prove that you have been misidentified by the accuser.
Remember that prosecutors need to show that you are guilty beyond a reasonable doubt, if you can establish flaws in their evidence, you might be able to get an acquittal.
The Consent Defense
Sometimes the alleged sexual assault was consensual, meaning it can be argued that your actions do not amount to an assault. Perhaps the biggest aspect of sexual assault cases is that the actions of the accused were carried out against the victim’s wishes. Although you will have to admit to the sexual encounter, if you can prove that there was consent between you and your accuser, it will significantly strengthen your defense against their allegations.
Proving the consent of the accuser can be both difficult and controversial. Sometimes the consent strategy can make you look bad because it requires you to bring forth issues with your accuser’s sexual history and past conduct. This might not go over very well with some juries, making this particular defense strategy one that is best handled by an experienced Dayton sexual assault attorney.
The Insanity or Mental Incapacity Defense
If you have a mental disease or condition that leaves you mentally incapacitated, you can claim that these things remove you from liability for your actions. Some states might go easier on you if you can prove that your mental condition prevented you from fully understanding the implications and criminal nature of your actions.
Get the Help You Need to Fight Your Charges
Just because a person has been accused of sexual assault does not mean that they will automatically be convicted. Help is available! L. Patrick Mulligan & Associates, LLC is prepared to offer you a free case evaluation to look at the facts of your case and determine the best course of action. We understand that this can be a stressful time, which is why we’re ready to guide you through your case from start to finish.
Contact us now to speak with a Dayton sexual assault lawyer by calling us at (937) 685-7006.
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At L. Patrick Mulligan & Associates, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I had a very difficult case that took longer than usual but they never gave up on it."
Extremely pleased with L. Patrick Mulligan and Associates. They helped me through every step of the process and worked hard for me. I had a very difficult case that took longer than usual but they never gave up on it. Thank you!
- Megan -
"Patrick and his team are the only choice!"My husband was forced to defend himself at our home but that put him in jail. I first went with another lawyer, Mike Mills, who took my money and that was it. Feeling hopeless, I contacted Patrick’s team and they didn’t disappoint. Within 3 hours, Patrick was at jail speaking with my husband and a few days later, Patrick had him home. When you call the office, everyone helps you. You are not just another case to them; I know and experienced it. They are a team you want to be on your family’s side! Thank you Patrick and Laura and team - you are the best, thank you!- Jackson
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"When he walks in, all the fear melts away and he comes out swinging."My family and I have used Patrick for different cases. A child custody as well as DUI. Initially you may feel scared and want to keep calling but in the end he has always proven that he is the best of the best. When he walks in, all the fear melts away and he comes out swinging. He knows what he's doing. Child custody WON! DUI best possible outcome! I wouldn't hire anyone but him. I highly recommend! Thanks Mr. Mulligan and staff!- Satisfied Client
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"You helped me with a life changing situation and I'm a better father and son with your help and support."I want to personally thank you, Patrick and everyone else who did an amazing job on my cases. I've unfortunately dealt with a lot of attorney's over the years and you guys were the first one's I've ever trusted or felt that you really did what you said you were going to do!! Myself and my family couldn't thank you enough. You helped me with a life changing situation and I'm a better father and son with your help and support.- Brian
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"Best Lawyer ever."Patrick Mulligan took on my case in May 1996 not knowing how things would go. My case being his first Big case. He saved my life. I have still to this day will always remember and be Thankful to him for trusting and believing in me. I was a mother of a daughter 19 months old who as killed by my boyfriend at the time. The state tried to prove me for child endangering and wanting me to serve 18 months in prison. Parick didnt know until that point what he had gotten into . Patrick did everything he could to prove I was a good mother. It was almost a year after my daughters life was taken. We went to trail and I stood on the stand with all my friends and Dr.'s. Patrick worked so hard for me and we won and here I am 15 years later . I found his web site and had to tell my story. Anyone who needs his help he will work as hard as he can for anyone he believs in. I'm so gald to see he is still in Cinti helping people. Thank you Patrick. I will talk to you soon.- Stacy
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"I would recommend him to anybody."Patrick Mulligan is one of the few attorney's in Dayton that takes no bullshit I would recommend him to anybody- Justin
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"Help in the Middle of the Night"Mr. Mulligan made all the difference in my case. Through his yellow page ad, I was able to reach him in the middle of the night, after my ex-wife had me falsely arrested for Domestic Violence Verbal. He was prompt in coming to my assistance. He went out of his way to help reach my family so that they could get me released from holding. He answered all my questions and walked me through the entire process. He was able to get the results I was hoping for at the pre-trial, so that we did not actually have to go through an actual trial. Mr. Mulligan exceeded all my expectations and I would recommend him to anyone who finds themselves in a similar unfortunate situation. He was a Godsend for me.- Mark