Age of Consent Questions for Ohio

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Ohio. Ask your Question

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Dating

:: June 28, 2007 08:33

My question is that well im turning 15 in august and the guy is all ready 18 but he just turned 18 in june is it a problem with us still going out? i dont think so and niether does my parents his parent thinks it is bad cause she says that he is a grown man now

As long as there is no sexual conduct between the 15 year old minor and the 18 year old adult; and, as long as the minor has permission from her parents to date the 18 year old, dating is completely legal. If there is sexual conduct between a person 18 years of age and a minor 13,14 or 15 years of age, this is a criminal offense under Ohio statute 2907.04 Unlawful sexual conduct with a minor. The age of consent to have sexual relations in the state of Ohio is 16 years of age.

can he get in trouble

:: June 25, 2007 15:17

a 18 year old boy and a 16 year old girl are sleeping together can the boy get in trouble ??

The legal age of consent to have sexual intercourse is 16 in the state of Ohio. § 2907.04. Unlawful sexual conduct with 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. The 18 year old could not be charged with Unlawful Sexual conduct with a minor" if the partner is 16 years of age or older and the sex is consensual. Can the 18 year old still get into trouble for other violations? Yes, that possibility exists. If the parents of the minor do not approve of the relationship, there are other legal actions that parents can take to prevent the relationship from continuing. This is not to say they will take these actions, it's only to inform you that the possibility exisits.

laws

:: June 14, 2007 21:22

can parents press charges on a 22 year old guy if the girl is 15 but the girl denies ever having sex?

Parents are within their legal authority to file a complaint with police against any adult that may be pursuing their minor child illegally, contributing to the child's delinquency, or if they have reason to believe their minor child is the victim of a criminal act perpetrated by the adult. Only a state prosecutor can determine whether charges will be filed against the 22 year old and this is determined through an investigation. Ohio no longer uses the term "sexual penetration" in the law, but now uses "sexual conduct" which is defined below: 2907.01 (A) “Sexual conduct” means 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. § 2907.04. Unlawful sexual conduct with 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.

Statute of limitations in ohio

:: June 14, 2007 18:10

I am trying to find out what the statute of limitations are for ohio and if they apply if I just found out that I had been raped 9 years ago.

Criminal Prosecutions Citation: Rev. Code § 2901.13 The statute of limitations for certain offenses is 20 years after commission of the offense. The offenses included are:

  • Rape
  • Sexual battery
  • Unlawful sexual conduct with a minor
  • Gross sexual imposition
Generally, the following statutes of limitations apply: For a felony, it is a period within 6 years after commission of the offense. For a misdemeanor other than a minor misdemeanor, it is a period within 2 years after commission of the offense. Civil Actions Citation: Rev. Code § 2305.16 The statute of limitations will not begin for a minor entitled to bring a claim until he or she reaches 18 years of age. At that time, the limitations period prescribed for the claim’s offense begins. It would be wise to consult an attorney on this subject.

19/15 having a baby

:: May 07, 2007 20:27

If a 19 year old male and a 15 year old female have a baby, can the father's name be placed on the birth certificate without him going to jail?

The age of consent in the state of Ohio is 16. There is no way for us to know for sure if he would go to jail. It is highly advisable that he seek professional advice from a local attorney. He may be able to obtain a free consultation from a legal aid office if his income is limited. Any information revealed in a consultation with an attorney would be held in confidence between him and the attorney. Local procedure varies from city to city on these matters. In some states, it is far worse to ommit this information on the birth certificate deliberately to avoid prosecution and/or child support, than it is to step up and take responsibility. Only a local attorney may have insight into local procedures.

Pregnant!

:: April 13, 2007 18:53

Ok. I am 17 years old. I live in ohio. I have been dating my boyfriend for a year and a half now. He is about to turn 21 in July. I wanted to know if my parents could press charges on him?

Yes, they could file a complaint against him; however, he would likely not be found in violation of the sexual offense law listed below given the fact that you are over the age of 16. There is a possibility he could be in violation of lesser offenses that would not be sexual offenses. A parent has full legal authority over their minor child until that child reaches the age of majority (18). They are within their rights to take legal action through an attorney or the authorities. § 2907.04. Unlawful sexual conduct with 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.

19/15

:: April 13, 2007 10:37

I have a 19 year old friend who is currently dating a 15 year old female. I was wondering if this was legal or not? If not what legal recourse would he be facing? He is also turning 20 this year and she will be turning 16. Does this make any difference?

If the 19 year old is sexually involved with the 15 year old, he is in violation of the Ohio Statute below and can be charged with a felony of the 4th degree or a misdemeanor of the first degree there is less than 4 years between them in age. This would depend on the month their birthdays fall within the year. § 2907.04. Unlawful sexual conduct with 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.

Are there any more charges that can be filed?

:: October 26, 2006 21:45

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. --

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.

Legal age for dating

:: October 12, 2006 22:36

My 17 year old son is dating a 22 year old young lady, I have no problem with it but her parent's do. They are afraid that she will get into trouble? Is it legal on her part to date him?

Yes. She can legally date the 17 year old if his parents give permission. The age of consent is 16 in Ohio. The age of majority is 18. Your son is still considered a minor living under the authority of his parents. The young lady would not likely be arrested for any sexual based offenses; however, she could get into trouble if she contributed to the minors delinquency. For example: contributing to his truancy; or, if she were caught drinking with the minor or buying the minor alcohol or cigarettes. They do not share equal responsibility under the law. She is an adult, he is a minor.

Is this legal 19 and 17?

:: September 15, 2004 02:08

Is it legal in the state of Ohio for an 19 year old boy to have sex with a 17 year old girl and both people agree?

The age of consent in the state of Ohio is 16.

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