I called the police for an intruder in my house. They found an 18 yr. old man hiding under my 15 yr. old daughter's bed. They also found two empty beer cans and used condoms. He is being charged with criminal trespass, falsification (he said he was 17), offenses involving an underage person (I think this refers to the alcohol). I had to push the prosecutor to file sex charges, but they will only be contributing to the deliquency of a minor. Six months is not enough in my opinion. Is there ANYTHING else I can do? How do I file civil charges? Also, the prosecutor said the criminal trespass won't stick since my daughter let him in the house even though I had previously told him in the presence of a police officer to stay away from my daughter.

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If you haven’t done so already, check with your local authorities or your county court clerk for criteria in filing a restraining order (also known as protective order.) If a judge will grant a restraining order against the 18 year old, this sets new boundaries and protections in place with added consequences if he violates the order. This will generally apply to a specific measurement of distance that must remain between the 15 year old and the 18 year old through the expiration date on the order. If violated the 18 year old is arrested and fined. There is usually a mandatory jail time with a violation and if multiple violations occur the courts will generally take this very seriously.

Civil cases are brought by private parties seeking to collect financial compensation for damages. Civil cases are divided into two types; Civil Contract Law and Civil Tort Law. You would need to review all details of your case with a civil attorney in your jurisdiction.

If you have suffered losses due to the defendants behavior; if the defendants conduct is egregious and had malicious intent, a desire to cause harm, gross negligence or conscious indifference; a willful disregard for the rights of others; there are several factors that would need to be considered along with what type of losses were suffered. I would strongly advise you have a consultation with an attorney who deals in civil matters.

The age of consent in Ohio is 16. If they engaged in sexual conduct, the 18 year old has violated Ohio statute 2907.04 Unlawful sexual conduct with a minor.

A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
B) Whoever violates this section is guilty of unlawful sexual conduct with a minor

(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.
(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree
(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree
(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree

1974 Committee Comment to H 511

This section prohibits sexual conduct when the offender is age 18 or over and knows his or her partner is age 13 to 15.

The rationale for this is that the risk of physical harm from sexual conduct is less for the early adolescent than for the pre-puberty victim, though the risk of psychic harm remains great. Moreover, sexual conduct with an early adolescent is often viewed as more serious when the offender is substantially older than the victim, because under such circumstances the offender's conduct suggests highly amoral behavior. Accordingly, the offense is a felony when committed by a person who is 4 or more years older than the victim, and a misdemeanor when the offender is less than 4 years older than the victim. When both partners are juveniles, there is no offense under the section, although the actors would be liable to being adjudged unruly children in a juvenile proceeding. See, section 2151.022 of the Revised Code.

Under former law, consensual sexual intercourse by a male age 18 with a female under 16 was a felony, regardless of the age difference between the partners.

Corruption of a minor is a felony of the third degree, unless the offender is less than 4 years older than the victim, in which case the offense is a misdemeanor of the first degree.