What Is the Difference Between Rape and Sexual Battery in Ohio?

Ohio’s criminal law has separate offenses for the crimes of rape and sexual battery. Under what circumstances does a defendant face a rape charge versus a sexual battery charge in Ohio?

Rape Under Ohio Law

Ohio’s rape statute defines the offense as engaging in sexual conduct with another person when:

• The accused substantially impairs the alleged victim’s judgment or control by administering a drug, intoxicant, or controlled substance surreptitiously or by force, threat of force, or deception
• The alleged victim is under 13, regardless of whether the accused knew their age
• The alleged victim has a physical or mental condition or advanced age that substantially impairs their ability to resist or provide consent, and the accused knows or has reasonable cause to know of this impairment
• The accused purposely compels the alleged victim to submit to sexual conduct by force or threat of force

Rape constitutes a first-degree felony offense in Ohio, which carries a penalty of three to 11 years in prison and a potential fine of up to $20,000. Courts may also impose longer sentences or mandatory minimums based on various aggravating factors in a criminal offense.

Sexual Battery Under Ohio Law

Ohio’s sexual battery statute makes it illegal to engage in sexual conduct with another person when:

• The accused knowingly coerces the alleged victim to submit to sexual conduct by any means that would prevent resistance from a person of ordinary resolution
• The accused knows the alleged victim has an impaired ability to appraise the nature of the sexual conduct or to control their conduct
• The accused commits an act of sexual conduct on another person unaware of the act
• The accused obtains the alleged victim’s submission through the victim’s mistaken identification of the accused as the victim’s spouse
• The accused is the alleged victim’s natural or adoptive parent, stepparent, guardian, custodian, or person standing in loco parentis
• The accused has custody or supervisory or disciplinary authority over the alleged victim.
• The accused serves as a teacher, administrator, coach, or person of authority at the alleged victim’s school
• The accused serves as a coach, instructor, or leader of a scouting troop or has temporary or occasional control over the alleged victim
• The accused is a corrections officer at a detention facility to which the alleged victim has been confined
• The accused is a peace officer more than two years older than the minor alleged victim

Sexual battery constitutes a third-degree felony carrying penalties of one to five years in prison and a potential fine of up to $10,000. An offense involving an alleged victim under 13 becomes a second-degree felony carrying penalties of two to eight years in prison with a mandatory minimum term and a potential fine of up to $15,000. 

Key Differences Between Rape and Sexual Battery

One of the critical differences between rape and sexual battery under Ohio law is the element of force. Rape typically involves the use of force, threat of force, or impairing judgment to compel a victim into a sexual act. In contrast, sexual battery typically involves taking advantage of a victim’s helplessness or a position of authority over the victim to compel sexual conduct.

Contact a Criminal Defense Lawyer Today

If you’ve been arrested and charged with rape or sexual battery in Ohio, you need an experienced sex crimes attorney to defend your rights and reputation. Contact DiCaudo, Pitchford & Yoder today for a confidential consultation to learn how our legal team will fight for a favorable resolution to your Ohio sex charges.