According to the Ohio Revised Code, for the court to charge sexual battery on an individual, there has to be proof that the alleged sex offender really engaged in sexual activities with another individual, and satisfy at least one the elements below:
- Deliberately coerced another individual, by any means possible, to engage in sexual acts that prevented resistance from the alleged victim.
- Recognized that the alleged victim engaged in sexual activity because he or she wasn’t aware that it was being performed.
- Knew that the alleged victim’s ability to control his or her behavior is significantly compromised.
- Knew that the alleged victim only engaged in sexual activity since he or she erroneously identified the alleged perpetrator as his or her spouse.
- Was or is the alleged victim’s parent or legal guardian, including step or adoptive parents.
- Was or is a coach, administrator, or teacher serving or employed in a public school where the alleged victim went to or goes.
- Was or is a coach, administrator, or teacher serving or employed in a higher education institution, in which the alleged victim was underage when the offense was committed.
- Had disciplinary or supervisory authority over the alleged victim.
- Was or is an individual with irregular or temporary disciplinary control over the alleged victim, like a coach, scout leader, or some kind of instructor.
- Was or is a mental or general healthcare professional who deceived the alleged victim to believe that the sexual activity was essential for treatment.
- Was or is employed in a detention facility where the alleged victim was or is confined during the sex crime.
- Was or is a cleric, while the alleged victim was or is underage during the crime and attended the service of the alleged offender.
While a sexual battery conviction could result in harsh punishments, the majority of the circumstances leading to a charge of sexual battery require “knowledge” of the specific elements outlined above, explains a lawyer from Notguiltyadams.com. It’s important to note that these are subjective elements, which means that it could differ from one situation to another, and will rely on an individual’s belief, personal perception, or feelings in every situation. However, while subjective elements are usually hard to prove in court, having an attorney experienced in sex offenses is crucial to ensure a better outcome.