What are the Laws Surrounding Rape?
In Ohio, as it is in most states, rape is considered to be any form of unwanted sexual conduct that is not wanted by the victim, meaning they never gave their consent.
A rape charge is a felony of the first degree, according to the Ohio Code 2907.02.
Violating the laws regarding rape typically involve some form of physical violence or force, displayed by the perpetrator.
In Ohio, the law regarding rape states: “a person may also be charged with rape if they engaged in sexual conduct with another person who is not their spouse, or is their spouse but lives separately.”
- If a person who is violated sexually also applies to any of the following, these circumstances may substantiate a rape case:
- If the person is impaired, or unable to act with clear judgment
- If the person’s condition or state at the time inhibits them from resisting, or acting defensively
- If the person is under the age of 13
- The person involved in rape was given drugs, or other intoxicating substances in a discrete or misleading manner, so that they may be taken advantage of
Someone may be accused of rape if they have violated another person by engaging in unlawful sexual conduct. Sexual conduct is defined as any act that involves vaginal or anal penetration; or inserting any instruments or devices into any of these openings; any type of fellatio, or cunnilingus between individuals, who have not been granted the right to do so.