August 5, 2012 | Uncategorized
As a former prosecutor, and criminal defense lawyer, I am often involved in sexual crime cases… cases such as rape. Most people do not know the legal definition of rape, nor the implications of such a serious charge. Everyone knows that merely being accused of rape can be a life altering event – a false accusation is almost as bad as a legitimate one. It is something that you have to defend yourself from.
The legal definition of rape is as follows:
(A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person’s judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
If you or someone you love has been accused of rape, call us at (330) 510 5668. We are former prosecutors, we have experience defending these charges.