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Charged with Rape? Smart Strategy. Fearless Defense.

Cleveland Rape Defense Attorneys

Serious Allegations Require Serious Representation

If you’ve been accused of rape, everything can change in an instant. One allegation can threaten your freedom, your career, your family, and your standing in the community. You may already feel judged—by investigators, by friends and family, even by your employer—before you’ve had a chance to defend yourself.

This is not the time to wait. It is not the time to “see how things play out.” 

The prosecution is already building its case. Detectives may be reviewing your phone records, interviewing witnesses, and collecting evidence against you. You need a defense team that can step in immediately, protect your rights from the start, and prepare as if your future depends on it—because it does.

At Patituce & Associates, we understand what is at stake. We act quickly to intervene, prevent damaging mistakes, and begin building a strategic defense designed to protect your freedom and your reputation.

★★★★★

“Joe Patituce was great to work with and helped us deal with a difficult situation and arrived at the best possible solution.”

- Dayle P. (Google)

Why We Should Be Your First Call

When everything is on the line, experience matters. Patituce & Associates offers:

  • One of only eight board-certified criminal attorneys in Ohio
  • Former prosecutors who understand how the state builds rape cases
  • Experience handling more than 20,000 cases and 400+ jury trials
  • A proven track record of success in high-stakes and complex rape cases

State v. Buxo
(Rape Charges)

Sex Counts Dismissed

Our client was charged with the rape of his step-daughter. With our firm's help, all sex counts were dismissed.

State v. Banks
(Rape Accusation)

No Charges Filed

Our client was accused of rape and sexual misconduct. Through our efforts, no criminal charges were filed.

State v. J. Smith
(Rape Charges)

Felonies Dismissed

Our client was charged with rape. We aggressively fought the allegations, and the felonies were dismissed.

We know how these cases are investigated. We know how prosecutors prepare them. And we know how to challenge them. When your future is at stake, you need Patituce & Associates by your side.

If you've been accused of or charged with rape in Cuyahoga County, or anywhere in Ohio, call our Cleveland rape defense lawyers today at (440) 771-1175 for a free consultation.

We Refuse to Lose Your Case Deserves a Customized Defense Strategy

We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.

What You’re Facing Under Ohio Law

In Ohio, rape is prosecuted under O.R.C. 2907.02 and is a first-degree felony. 

A conviction for rape can carry:

  • Mandatory prison time
  • Tier III sex offender registration (potential lifetime registration)
  • Severe restrictions on where you can live and work
  • Damage to your personal and professional reputation

These cases are aggressively prosecuted, and law enforcement often begins building a case long before formal charges are filed. That’s why speaking to an experienced rape defense attorney immediately is critical.

What Someone Charged With Rape Needs to Know

If you’ve been accused, here are the realities:

  • You should not speak to police without counsel: Investigators may tell you they “just want your side of the story.” Anything you say can and will be used against you. Even text messages or casual statements can become key evidence.
  • These cases often hinge on credibility: Many rape cases involve little or no physical evidence. The case may center on conflicting accounts, consent issues, or alleged intoxication. An experienced defense attorney knows how to analyze inconsistencies and expose weaknesses in the prosecution’s theory.
  • Digital evidence matters: Phones, social media, dating apps, and surveillance footage frequently play a major role. Preserving and reviewing this evidence early can be crucial to your defense.
  • False or exaggerated allegations do occur: Motivations can include relationship conflicts, regret, custody disputes, or miscommunication. A thorough investigation is essential to uncover the full context.

How We Defend Rape Charges in Ohio

At Patituce & Associates, we approach every rape case with urgency, discretion, and strategy. 

Our defense may involve:

  • Conducting an independent investigation
  • Reviewing forensic and medical evidence
  • Challenging improper interviews or unconstitutional searches
  • Consulting expert witnesses
  • Identifying credibility issues or inconsistencies
  • Negotiating strategically when appropriate
  • Preparing aggressively for trial

We do not assume guilt. We do not take shortcuts. And we prepare every serious felony case as if it will go before a jury.

A rape charge doesn’t just threaten prison time—it can impact:

  • Your employment and professional license
  • College enrollment or financial aid
  • Child custody rights
  • Immigration status
  • Your standing in the local community

Our job is to protect every aspect of your future, not just the immediate case.

The Difference Between Rape and Sexual Battery in Ohio

Although rape and sexual battery both involve allegations of sexual conduct, the legal focus of each charge is different.

Under Ohio law, rape typically involves allegations of force, threat of force, substantial impairment (such as intoxication), or a victim under the age of 13.

In many rape cases, the central issue is: 

  • Whether the sexual conduct was truly non-consensual;
  • Whether force was used or implied; or
  • Whether the alleged victim was legally incapable of consenting due to age or impairment.

Sexual battery, on the other hand, does not necessarily require proof of force. Instead, it focuses on the exploitation of authority, coercion, or specific prohibited relationships. 

These cases often arise when one person is in a position of power over another, such as a teacher and student, coach and athlete, therapist and patient, or corrections officer and inmate. The legal battle in these cases often centers on whether a prohibited power imbalance truly existed and whether the conduct meets the statutory definition of exploitation.

In short, rape charges typically focus on force or incapacity, while sexual battery charges focus on improper authority or coercive relationships.

The Difference Between Rape and Unlawful Sexual Conduct with a Minor

Rape and unlawful sexual conduct with a minor (often called statutory rape) are also distinct offenses under Ohio law, even though both may involve younger individuals.

Rape charges can apply when the alleged victim is under 13 years old, regardless of consent. In those cases, the law treats the offense as among the most serious in Ohio, often carrying mandatory prison time and potential lifetime sex offender registration. Rape may also apply in cases involving force, threats, or substantial impairment, regardless of age.

Unlawful sexual conduct with a minor, however, applies when the alleged victim is between 13 and 15 years old, and the accused is 18 or older with a prohibited age difference (generally four or more years older). In these cases, consent is not a legal defense, even if the relationship appeared voluntary. The seriousness of the charge depends largely on the age gap.

The key distinction is that rape often centers on force, very young age, or incapacity, while unlawful sexual conduct with a minor is primarily age-based. The prosecution does not have to prove force—only that the statutory age difference existed. That difference has major implications for sentencing exposure, registration requirements, and available defenses.

Speak with a Cleveland Rape Defense Lawyer Immediately

If you are being investigated or have been charged with rape in Cleveland or Cuyahoga County, do not wait. Early representation can preserve evidence, protect your rights, and potentially influence charging decisions. Call Patituce & Associates today to schedule a free consultation and speak directly with an attorney about your situation.

When everything is on the line, you need a defense team prepared to fight for you. Call (440) 771-1175 to get started with a free review. We are available 24/7.

Ready For A Team That Won't Back Down?

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At Patituce & Associates, we're always ready to take your call! Give us a call at (440) 771-1175 or fill out the form below to contact one of our team members.

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