Rape

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defense for rape charges in ohio and kentuckyThe sex crime of "rape" typically refers to unwanted sexual intercourse or conduct committed by either physical force, threat of force, drug impairment, or other coercions. The charges vary in degrees for both Ohio and Kentucky depending upon the circumstances (such as Date Rape, Marital Rape, and Statutory Rape).

Kentucky Law on Rape

Kentucky law cites that a person is guilty of rape in the first degree when:

(a) He engages in sexual intercourse with another person by forcible compulsion; or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

The law further states that rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

Ohio Law on Rape

Ohio law states that 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 or 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.

Ohio defines "sexual conduct" as vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

Defending the Sex Crime of Rape

Rape is a very serious charge and requires expert defense. The charge of rape is usually based on the testimony of the accuser and defendant with no material witnesses or physical evidence required to support it. Therefore, if the prosecution's case is not believed to be strong enough to get a rape conviction, the charge may be reduced to sexual assault. Circumstantial information can be obtained, as well, in order to keep your case from going to trial at all. Information such as criminal history, psychological profiles, possible motives, character witnesses and so forth, can all greatly contribute to a rape defense.

Ohio Sex Crimes in the News

(State v. Meador, 2009-Ohio-2195.) William Brooks Meador was indicted on July 27, 2007, on three counts of rape, one count of sexual imposition, and one count of gross sexual imposition. In 2003, Meador began dating the victim's mother and moved in with her shortly thereafter. The victim testified that Meador improperly touched her more times than she could count from the time she was in the first grade until she was in the third grade, at which time Meador moved out of the house. The victim's minor cousin also claimed that Meador improperly touched her. Meador was found guilty of rape in the first and second counts and sentenced to two consecutive terms of life in prison. Meador entered a plea of no contest to the sexual imposition charge in exchange for dismissal of the gross sexual imposition charge. On appeal, however, the court found that Meador was entitled to a new trial due to the prejudicial effect of the cousin being allowed to testify at trial for the victim.

Kentucky Sex Crimes in the News

In 2005, police began investigating Earl Vincent, Jr. after his granddaughter alleged he had sexually abused her. During the investigation, Vincent's daughters reported that he had also subjected them to sexual abuse, rape, sodomy, and incest during their childhoods. Vincent was indicted for 294 counts of various sexual offenses against his daughters and granddaughter. At the end of trial, prosecutors amended the indictment down from 294 counts to 29 counts. The jury found him guilty of all 29 counts. He was sentenced to 50 years imprisonment on each of the two counts of first degree rape; 50 years imprisonment on each of the nine counts of first degree sodomy; ten years' imprisonment on each of the fifteen counts of first degree sexual abuse; and ten years on each of the three counts of incest, all to run concurrently for a total of fifty years' imprisonment. His conviction and sentence was affirmed by the Kentucky Supreme Court on April 23, 2009.



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