Cleveland Sexual Battery Attorney

The law itself specifies 13 situations that fall under sexual battery:

• Using coercion to prevent physical resistance to sexual conduct
• Knowingly having sex with someone who has impaired control or awareness of themselves
• Leading someone into sexual conduct when the alleged victim is unaware of it
• Sex under the pretense of being the alleged victim’s spouse
• Sex with a natural or adoptive child, stepchild, or person to whom the defendant is a custodian or guardian
• Sex with someone in the legal or medical custody of the defendant
• Sex with a student at a public school where the defendant is employed in a position of authority
• Sex with a minor enrolled at an institution of higher education where the defendant is employed in a position of authority
• Sex with a minor where the defendant is a coach, instructor, scout leader, or any position of “temporary or occasional” disciplinary control
• Sex with a patient as a mental health professional under the pretense that sexual conduct is necessary for treatment
• Sex with a person at a detention facility where the defendant is employed
• Sex with a minor who attends a religious institution where the defendant is a cleric*
• Sex with a minor where the defendant is a law enforcement officer and two years older than the minor

Despite the specificity of these 13 situations, relationships between consenting adults can be complicated by the circumstances. Juries understand that relationships may not always be black‑and‑white under the law. As Cleveland criminal defense attorneys and former prosecutors, it’s our job to identify weaknesses in the prosecution’s case, presenting you with the best possible chance for dismissed charges or acquittal by the jury.

‘Cleric’ is defined under Ohio law as “a member of the clergy, rabbi, priest, Christian Science practitioner, or regularly ordained, accredited, or licensed minister of an established and legally cognizable church, denomination, or sect.”