Rape Attorney in Columbus

ORC § 2907.02

Rape Defined

• Engaging in sexual conduct with one who is not a spouse or who is a spouse, but living separately;
• By force, or threat of force, or by administering drugs to impair judgment; or
• If the victim is less than 13 years of age.

Potential Penalties

Rape is distinguished from gross sexual imposition in that rape involves sexual conduct, while gross sexual imposition, which is generally less serious, involves only sexual contact. Rape is a felony of the first degree, which carries with it a sentence of 3-11 years and a maximum fine of $20,000.

In addition to prison time and fines, a rape conviction generally carries mandatory sex offender registration, post-release control, and other long-term consequences that can affect where you live, work, and travel. In Franklin County and other Central Ohio courts, judges also consider aggravating and mitigating factors, such as the presence of prior felony convictions or whether the offense allegedly involved a weapon, when deciding an appropriate sentence within the statutory range. These realities make it critical to understand your exact level of exposure and to begin building a strong defense as early as possible. With a rape defense attorney that Columbus defendants can speak with about their specific circumstances.

Call (614) 756-2154 or contact us online today to schedule a free consultation.

Forcible Rape

If force is used against a person under the age of 13, it is forcible rape, which can carry a penalty of life imprisonment under Ohio law.

When prosecutors in Columbus or surrounding Central Ohio counties charge forcible rape, they may rely heavily on medical records, forensic evidence, digital communications, and witness statements to try to prove the elements of force and lack of consent. A thorough defense involves reviewing how the investigation was conducted, whether searches and seizures complied with Ohio and federal law, and whether any statements were taken in violation of a suspect's constitutional rights. By challenging weaknesses in the state's case, a rape defense lawyer that Columbus defendants hire can work to limit the evidence that reaches a jury and to protect the accused from unfair or unreliable accusations.

Overview

The traditional definition of rape is sexual conduct with a female by force. The Ohio rape law expands upon this traditional definition by doing away with distinctions of gender. In addition to vaginal intercourse, rape in Ohio includes other types of sexual conduct involving penetration. Furthermore, the Ohio rape law includes engaging in sexual conduct with anyone under the age of 13, regardless of whether force or drugs are used. If force or drugs are used, it may be considered forcible rape.

Because the definition of rape under Ohio law is broad, investigations and prosecutions can involve complex issues such as consent, intoxication, the reliability of identification, and the credibility of witnesses. Cases in the Franklin County Court of Common Pleas, as well as in nearby Central and Southern Ohio courts, often turn on how jurors interpret text messages, social media posts, and other modern forms of communication. Having a rape defense attorney Columbus residents can consult early in the process allows you to preserve evidence, avoid harmful missteps when speaking with law enforcement, and begin preparing for each stage of the case from arraignment through potential trial.

Defending Rape Charges in Columbus Courts

When you are under investigation or have already been charged with rape, understanding what will happen next in the legal process can help you make informed decisions. In Columbus, most felony rape cases begin with an arrest, an initial appearance, and then an arraignment in the Franklin County Court of Common Pleas, where the judge advises you of the charges and sets bond conditions. We guide our clients through each of these steps, explaining the potential consequences of speaking with detectives, how to comply with bond terms, and what to expect at preliminary hearings and pretrial conferences with the prosecutor.

After the initial court dates, the case typically moves into a discovery and motion phase, during which the prosecution must turn over police reports, recordings, and other evidence it intends to use at trial. We review this material carefully to identify grounds for motions to suppress unlawfully obtained evidence, to exclude unreliable or prejudicial information, or to enforce your constitutional rights. In many Columbus rape cases, strategic pretrial motions and negotiations can significantly affect whether the matter proceeds to a jury trial, is resolved through a plea agreement, or is dismissed, and it is important to discuss these options in detail with a rape lawyer Columbus defendants trust to provide candid, practical advice. At Funkhouser Law, we know that each person accused of rape has the presumption of innocence. As such, we work hard to accomplish the most favorable outcome for each of our clients. 

If you have been accused of rape, please call Funkhouser Law for a free consultation with an experienced peer-rated lawyer.