Ohio Statute of Limitations: Sexual Assault
In Ohio, the statute of limitations is a critical aspect of criminal law that sets a time limit for prosecuting an alleged offense. The purpose of statutes of limitations is to assure timely prosecution and to prevent unfair trials due to faded memories, lost evidence, or the death of witnesses.
Because the statute of limitations can vary depending on the type of criminal charge, it's in your best interest to review your charges with your criminal defense attorney.
The criminal defense lawyers of Wolfe & Mote Law Group, LLC in Columbus, Ohio, are dedicated to protecting your rights. If you've been charged with sexual assault, here's what you need to know about Ohio's statute of limitations.
Ohio’s Statute of Limitations for Sexual Assault Offenses
Ohio's statute of limitations for sexual assault is notably different from other criminal offenses. Sexual assault cases can be broken down into different categories, including rape, sexual battery, gross sexual imposition, and more.
Each type of sexual assault offense has different time limits for prosecution, as detailed in Ohio Revised Code (ORC) § 2901.13.
Rape (ORC 2907.02): Rape is considered a first-degree felony in Ohio and carries severe penalties. The statute of limitations for prosecuting rape offenses is 20 years from the date of the offense. This extended time frame allows authorities to investigate and prosecute rape cases even many years after the alleged crime occurs, helping to make sure justice is served despite potential challenges in gathering evidence.
Sexual battery (ORC 2907.03): Sexual battery, a felony of the third degree, involves sexual conduct without consent, but it can also include situations where the victim is unable to consent due to age or mental state. For these offenses, the statute of limitations is also 20 years from the date of the alleged incident. This long time limit is similar to that for rape charges, making sure that victims have ample time to come forward.
Gross sexual imposition (ORC 2907.05): Gross sexual imposition is a lesser offense than rape or sexual battery, but it's still a serious crime. This offense involves situations where an individual touches another person in a sexual manner without consent, but without penetration or force. The statute of limitations for gross sexual imposition is six years from the date of the offense, significantly shorter than the time limits for rape and sexual battery.
Unlawful sexual conduct with a minor (ORC 2907.04): Ohio law is particularly stringent when it comes to sexual offenses involving minors. In cases of unlawful sexual conduct with a minor (a child under 16 years of age), there's no statute of limitations for prosecution. This means that charges can be brought at any time, even decades after the alleged offense. This provision helps to make sure that perpetrators of sexual offenses against children can be held accountable, regardless of how much time has passed.
It’s important to note that Ohio’s laws regarding the statute of limitations for sexual assault offenses have evolved over time, and it's in your best interest to speak to your criminal defense lawyers to have a thorough understanding of your charges.
Changes in the Statute of Limitations
In the past, there were shorter time frames for prosecuting many sexual assault cases, but these limitations have been extended or eliminated in recent years. For instance, the statute of limitations for prosecuting rape and sexual battery was extended in 2015.
Before this change, the time limit for rape and sexual battery charges was 20 years, but it wasn't extended indefinitely for cases involving DNA evidence.
In 2015, the Ohio legislature passed a law that allowed for the prosecution of certain sexual assault cases beyond the statute of limitations if DNA evidence was discovered after the original time limit had passed.
This was a significant change that opened the door for the prosecution of cold cases, where DNA evidence could potentially lead to the identification of perpetrators even after many years.
Moreover, in 2016, Ohio eliminated the statute of limitations for rape and certain other sexual assault cases entirely if DNA evidence was available to support the allegations. This applies to both felony rape and sexual battery cases, where DNA evidence is a key piece of evidence used to identify the perpetrator.
These changes have had a significant impact on criminal defense strategies, particularly when defending against older allegations or allegations in which DNA evidence has only recently been discovered.
The ability of the prosecution to bring charges well after the alleged offense complicates the defense process and requires experienced criminal defense lawyers to carefully analyze whether any such evidence exists.
Defending Against Sexual Assault Charges in Ohio
The availability of DNA evidence and the extended statute of limitations present unique challenges for criminal defense attorneys handling sexual assault cases. There are several strategies and considerations your criminal defense lawyers may use:
Challenging the evidence: In cases where DNA evidence is involved, the defense may hire forensic professionals to challenge the reliability and interpretation of the evidence. This may involve questioning the procedures used to collect the DNA, the accuracy of the analysis, or the possibility of contamination. The accuracy of DNA testing procedures can often become a central point of contention in these cases, especially if the case is being prosecuted after many years.
Arguing for dismissal due to the statute of limitations: In some cases, it may be possible to argue that the statute of limitations has expired, and the charges should therefore be dismissed. This is especially relevant in cases where DNA evidence is not available or where the alleged offense occurred long ago.
Fighting for a plea agreement: In cases where the evidence appears strong and a conviction is likely, it may be appropriate to negotiate a plea agreement. Plea agreements can allow for a reduction in charges or sentencing in exchange for the defendant’s cooperation. Criminal defense lawyers will thoroughly investigate the details of the case and discuss the pros and cons of a plea deal with the defendant.
Questioning credibility and motive: Many sexual assault cases hinge on the credibility of the victim and the alleged circumstances. Criminal defense lawyers can use cross-examination to cast doubt on the victim’s memory or reliability, particularly when the case is based on events that allegedly happened years ago. If the victim had a motive to fabricate the allegations—whether personal, financial, or emotional—this can be a powerful part of the defense case.
Character defense: In certain cases, presenting a character defense or gathering evidence of the accused person’s reputation may help reduce the severity of the allegations. This could include testimony from character witnesses who can speak to the defendant’s personality, relationships, and history of non-violent behavior.
While many crimes are subject to a statute of limitations, sexual assault offenses—especially rape, sexual battery, and child sexual abuse—have extended time limits or no time limit at all. Reviewing these nuances with your criminal defense lawyers is essential for your case.
Contact a Criminal Defense Lawyer Today
If you've been charged with sexual assault in Ohio, it's in your best interest to contact an experienced criminal defense lawyer. The lawyers at Wolfe & Mote Law Group, LLC serve clients throughout Columbus, Dublin, Westerville, Gahanna, Hilliard, Newark, Heath, Granville, Lancaster, Pickerington, City of Delaware, Louis Center, Powell, Delaware County, Fairfield County, and Licking County. Contact the firm today.