Ohio Rape Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 02, 2024

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Most people know it's against the law to have sex with someone against their will. But you may not be aware of how Ohio's rape laws work. For example, what are the different degrees of sexual assault and sexual battery? Are these two sex crimes the same thing? And what are the penalties for these criminal offenses?

Here, we'll explain Ohio's rape laws, including the penalties and defenses to these crimes. If you're facing rape charges or charges for a related offense, you should familiarize yourself with these laws. You should also consider talking to an experienced criminal defense lawyer as soon as possible after your arrest.

How Does Ohio Law Define Rape and Sexual Battery?

Ohio law defines sexual assault in two ways: rape and sexual battery. Both crimes carry severe penalties under Ohio law. But they involve a different range of sexual contact and different levels of force or intimidation.

Rape is any form of unlawful sexual conduct without the victim's consent. The attacker usually accomplishes this by force, intimidation, or the threat of force.

Sexual battery happens when a person in a position of authority takes advantage of someone in a sexual manner. For example, a teacher who assaults a student or a mental health professional who takes sexual advantage of a patient may be guilty of sexual battery.

If the victim is below the age of consent in Ohio (18 years of age), the state will file enhanced charges and more severe penalties.

Ohio's Rape, Sexual Assault, and Sexual Battery Laws: Chart

The following table highlights the main provisions of Ohio's rape and sexual battery laws.

Code Sections

Rape: Ohio Revised Code Section 2907.02

Sexual Battery: Ohio Revised Code Section 2907.03
Elements of rape

Rape: A person commits rape when they engage in unwanted sexual contact without consent of the other party through the use of force, threat of force, intimidation, or coercion.

A person may also be guilty of rape if they have sex with someone who is not their spouse and one of the below conditions apply:

  • The defendant substantially impairs the other person's judgment or control to prevent resistance by giving that person drugs or other intoxicant
  • The victim is under 13
  • The defendant knew the victim couldn't consent or resist due to mental/physical impairment or advanced age.

Sexual Battery: A person is guilty of sexual battery if they have sexual sexual conduct with another party and one of the following conditions apply:

  • They knowingly coerced another person to submit to the sexual conduct
  • Knew the victim was unable to control their contact
  • Knew the other person only engaged in sexual conduct because they had no idea the sexual act was taking place
  • Knew the victim thought they were their spouse at the time of the sexual conduct
  • Is (or was) the victim's guardian or parent, including adoptive or stepparents
  • Had apparent authority over a patient or had legal custody of the victim
  • Is (or was) a teacher, administrator, coach, or other person working at a public school, and the victim attends or attended the school and was a minor at the time of the offense
  • Is (or was) a mental health professional who induced their client to believe the sexual conduct was necessary for mental health treatment
  • Worked at a detention facility, and the victim was an inmate
  • The defendant was a member of the clergy, and their victim was a minor who attended their church
What is the definition of sexual conduct?
  • Vaginal intercourse between a male and female
  • Anal sex or oral sex, regardless of sex, and without the privilege to do so
  • Inserting a finger, instrument, or other part of their body into the victim's vagina or anus or another object into the vaginal or anal cavity of the victim
  • Any level of penetration is sufficient
Penalties

Rape:

  • First-degree felony
  • Mandatory prison term if the defendant administering a drug to the victim
  • Life imprisonment if the defendant used force or coercion

Sexual battery:

  • Third-degree felony
  • One to five years in prison and a fine of up to $10,000
  • If the victim is under 13, it's a second-degree felony, resulting in a mandatory prison sentence of two to five years and fines of up to $15,000
Sex offender registration?

You may have to register as a sex offender, depending on the nature of your conduct

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Facing Rape Charges? You Want Legal Representation

If you're facing rape charges, you should reach out to a skilled criminal defense attorney in Ohio. A conviction of these criminal charges will result in jail time, fines, and possible registration as a sex offender.

Resources for Rape Victims

If you or someone you know is the victim of rape, sexual battery, or sexual assault, contact any of the following resources:

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