Statutory Rape Charges in OhioOctober 5, 2016 | Written by Dan Margolis
Dan Margolis has nearly 20 years of legal experience, has handled thousands of cases, and always puts clients first. If you have been accused of or charged with statutory rape in Ohio, schedule a FREE consultation with attorney Dan Margolis by calling (216) 533-9533 today.
Ohio’s Statutory Rape Laws
In Ohio, the legal age of consent is 16, according to the Ohio Revised Code. This means anyone under that age cannot legally consent to sexual activity. So, when the age difference in the two people is more than 10 years, and the sexual activity involves someone over the age of 18 and someone between the ages of 13 and 16, it is considered a third-degree felony. If the age difference is less than four years, it is a misdemeanor. Situations involving rape or sexual battery are second-degree felonies. In all other situations, it is a fourth-degree felony. The only exception would be if a couple is married and one partner is between the ages of 13 and 16.
According to the Ohio Alliance to End Sexual Violence, anyone over the age of 18 involved in sexual conduct with a child under 13 years old is guilty of a felony crime. However, if acts are committed by individuals who are both between the ages of 13 and 17, it is generally legal. It is important to note that acts must be consensual and cannot involve force or coercion.
Sexual activity involving a person over 18 and a person under 16 is referred to as statutory rape even if both people consented to the sexual acts. Minors in a situation where they have been raped may consent to a medical exam and evidence collection. When it comes to counseling, though, only those 14 or older can give consent for confidential services without parent involvement.