According to the Ohio Incident-Based Reporting System, there were 7,815 reported incidents of sexual assault in 2015. The number of sexual assaults reported to agencies was at a peak during the month of June, and over a third (37%, to be exact) of reported incidents occurred between May and August.
Once you take into consideration the fact that the majority of these sexual assaults take place in the victim’s home, you can easily see why state law enforcement is persistent in heavily punishing those who are accused of or charged with this type of crime.
Sex crimes are without a doubt serious offenses that need to be handled accordingly. Offenders who commit sexual assault can pose a threat to society, and if they are found committing this crime, most would agree that penalties should ensue. However, people must keep in mind the fact that not every single charge is made against someone who is guilty of the crime.
There is a fraction of sexual assault charges that are falsely made against an innocent individual. Whether it’s a family member, friend, ex-spouse, or someone you don’t even know, every year false allegations are made, and it’s up to people like Dan Sabol and Chase Mallory to defend the accused. Nobody should have to sit behind bars if they have not committed the crime they’re alleged of doing.
In this blog, Sabol Mallory LLC provides a brief overview of some of the sex crimes individuals are falsely accused of. Next, we’ll provide some helpful tips on what to do if you are facing false accusations.
According to Ohio Revised Code Section 2907.03, sexual battery is defined as engaging in sexual conduct with another person, while including any of the following elements:
● Knowingly coercing another individual to submit to sexual conduct that prevented their resistance
● Engaging in sexual conduct with a student of a public school while being a teacher, administrator, coach, or in another role of employment while serving in a public school
● Engaging in sexual in conduct with a mental health treatment while being a mental health professional who convinced a client/patient to believe that sexual conduct was a necessary part of treatment
Refer to ORC § 2907.03 for a full breakdown and definition of Sexual Battery in Ohio.
Ohio Revised Code defines possession of child pornography (also known as pandering obscenity with a minor) as the act of a knowing individual creating, reproducing, publishing any obscene material that has a minor or impaired person as one of its participants or portrayed observers. Other elements of this crime include:
● Creating, directing, or producing an obscene performance that has a minor or impaired person as one of its participants
● Buying, procuring or possessing any obscene material that has a minor or impaired person as one of its participants
● Promoting or advertising for sale or dissemination any obscene material that has a minor or impaired as one of its participants or portrayed observers
Refer to ORC 2907.321 for the full breakdown and definition of pandering obscenity involving a minor or impaired person.
Individuals can be charged with rape if they have allegedly engaged in sexual conduct with another individual by forcing the person to submit through the use of force or threat of force. Rape charges can also stem from an element such as substantially impairing another person’s judgment through the use of drugs, controlled substances, or any other intoxicant by force, the threat of force, or deception in order to prevent resistance.
Refer to Ohio Rev. Code § 2907.02 to learn about this crime in greater detail.
Now that you know about some of the crimes individuals are falsely accused of, here are some helpful instructions you can follow that will help you handle this situation in the best possible way.
While it may seem obvious, it needs to be clearly stated. Remain Calm.
False accusations that lead to criminal charges can cause even the most level-headed people to go through levels of stress, anxiety, confusion, and fear they have never experienced. When this happens, many individuals turn to rash decision-making that is fueled by intense emotions.
It is okay to feel afraid and confused after being accused of a sexually motivated crime, but these feelings should not dictate your actions. You may be tempted to do something impulsive in an attempt to help yourself feel better. However, keep in mind that confronting your accuser or airing out your frustrations via social media will not help you long-term. These are actions that absolutely have the potential to land you in further legal trouble, and damage your case.
When defendants act out in this type of way, they may feel like they are blowing off steam, but in reality, they are simply giving the prosecution more ammunition to work with. If a defendant rushes to confront the individual making accusations against them or shares information regarding their case/pending trial to the Internet, they may find these actions coming back to bite them in the future.
Putting distance between yourself and the person making accusations against you is crucially important. In many instances, individuals who make false accusations will also attempt to create fake evidence.
Last but not least, you need to look for a defense attorney as soon as you are made aware of your accusations and/or charges. The presence of a quality defense attorney has the potential to make or break your case, and if you fail to hire someone in a timely manner, you are doing yourself a disservice.
The sooner you hire an attorney, the sooner they can provide you with the legal counsel you will undoubtedly need in a situation like this. Accusations of sexual assault and sex-related crimes are extremely sensitive, and if you don’t handle them properly, the consequences can be life-changing.
If you are in need of legal representation, Sabol Mallory LLC can help you defend your rights and honor. Our law firm is led by experienced criminal defense attorneys who provide services to Fairfield County, Delaware County, Pickard County, Licking County, and other counties that are around the Columbus area. Don’t hesitate to call us at 614-300-5088 and speak with a professional. You can also reach out to us by filling out our online contact form.