The laws related to criminal sexual conduct differ on a state by state basis. While there are overarching federal regulations, each state, for the most part, has set its own laws; this is why the age of consent is 16 in Ohio, but 18 in Wisconsin. If you are ever accused of a sex crime, you should reach out to an experienced Ohio lawyer as soon as you are arrested.
Ohio-specific Laws
Sex crimes carry serious punishments in the state of Ohio; unfortunately, there can be a lot of confusion over how consent is determined. Ohio law does not give a specific definition of consent, but the idea is present throughout sex crime laws. As we mentioned earlier, the age of the people involved can impact if there is an ability to consent. Additionally, consent cannot be given by someone who is unconscious, or if their ability to consent is impaired by intoxication, physical disability, or mental disability.
Consent Isn’t Transferable
Consent for one sexual act does translate to consent to another act. If any sexual conduct is initiated when the offender is coercing the other person, it is either rape or sexual battery. This means that even if someone has consented to one act and the offender begins to coerce the other person to do another act, the offender can be prosecuted.
Communication
Communication is important. Everyone should be consenting to whatever sexual conduct they are engaging in. This is why it’s always better to communicate with non-coerced, affirmative consent for each sexual act. A lack of a “no” or “stop” does not mean that a person is consenting.
If you are accused of a sex crime, you need a lawyer to fight for and protect your rights. Call (937) 685-7006 now for a free consultation for your case.