Underage Sex & Other Sexual Misconduct

SEX WITH UNDERAGE PERSON / STATUTORY RAPE

TRIAL ATTORNEY ELIZABETH GABA ACCEPTS MISDEMEANOR AND FELONY SEX CASES where the key issue is that one of the sexual participants was under the legal age to give lawful consent. OHIO DEFINES THE AGE OF CONSENT AS SIXTEEN YEARS OF AGE. Attorney Gaba sees her legal job as putting together the BEST possible courtroom defense and never passes moral judgment as to the circumstances of the case. Trial Attorney Elizabeth has in the past successfully defended men and women who have been accused of engaging in sex with and under-aged person and was charged with unlawful sexual conduct with a minor and other additional charges.

CRIMINAL PENALTIES FOR UNLAWFUL SEXUAL CONDUCT WITH A MINOR

The penalties for violating section O.R.C. 2907.04, will vary depending upon the age of the “victim” and the age of the perpetrator

The penalty may be as long as incarceration in a state penal institution for two to eight years. The penalty may be incarceration in a local jail for not more than six months. Monetary fines may also be imposed. A convicted offender may have to register with the state after he has been released, and be labeled as a sexual offender.

The differences in possible incarceration time will depend on the age of the accused at the time of the offense and the age of the “victim” at the time of the offense. It is important that a person who is about to be charged with UNLAWFUL SEXUAL CONDUCT WITH A MINOR, (and other additional charges) contact trial Attorney Gaba as soon as possible. She can tell you how the state criminal code looks at your fact pattern and how much time a judge may impose if there is a conviction. Do NOT presume or guess that just because you have gotten yourself into a legal mess that you will be convicted. There is no consultation fee when a person accused of engaging in under-aged sexual conduct discusses their case quietly and PRIVATELY in the office of Attorney Gaba.

Attorney Gaba will accept a sexual felony and sexual misdemeanor cases in central Ohio (that is: Columbus, Circleville, Chillicothe, Delaware, Lancaster, London, Marysville, Mt. Vernon, Newark, Zanesville). She will also accept these types of cases in locations that are farther away (such as Athens, Marietta, Portsmouth, and Cleveland by way of example).

A person accused of major sexual crimes, such as sexual conduct with an under-aged partner, who does not take their legal problem serious sometimes attempt to make up poor excuses and claim no crime was committed. They only get themselves into deeper trouble. Many judges will not even allow an accused person to present a known “poor excuse” at the time of trial.

Here is a list of NON-WORKING excuses that will get an accused convicted that MUCH FASTER!

  1. The girl said she was over the age of sixteen and I believed her.
  2. As long as a girl’s breasts are at least as large as her fists, and she is old enough to have monthly menstrual periods, it doesn’t matter how young the girl is- - - she is old enough to have sex.
  3. Where a female is the sexual aggressor and brings up the topic of having sex, once body activities begin to take place, the woman has to go through with “it” to the end. The law doesn’t side with a “penis teaser”.
  4. I never put my penis into her vagina, therefore whatever took place, it wasn’t sexual conduct.

WOMEN TAKE NOTE OF THE FOLLOWING: THE LAW DOES NOT RECOGNIZE THESE TWO EXCUSES LISTED BELOW AS VALID OR ACCEPTABLE DEFENSES AT THE TIME OF TRIAL.

  1. A woman can never be charged with raping an underage boy. If a boy is frightened he won’t be able to have an erection. If he has an erection he’s not frightened and therefore any sexual act he participates in is done willingly and is legal.
  2. A young man or underage boy has no idea how to engage in sex with a woman. If a volunteering woman doesn’t show a young boy how “its” done - he’ll never know. Instructing a boy sexually is teaching - not rape.

PLAN A WORKABLE & SUCCESSFUL COURTROOM DEFENSE

Planning a successful defense, for a person charged with a sexual crime, that a jury will accept, cannot be accomplished in one afternoon. Choose an experienced courtroom trial attorney as soon as possible. Get to all your office appointments on time. The more time an attorney has to prepare the more comfortable the attorney feel when she stands before the jury.

The accused person should NOT hold back any facts. If drinking alcohol took place before the alleged sexual acts - let the attorney know immediately If the accused person and the “victim” were both using cocaine, heroine or other drugs before the alleged sexual events - be sure to notify the attorney, All this information goes into the trial planning. This permit’s the attorney to organize her cross - examination questions well in advance.

When the attorney says “DON’T DISCUSS THIS CASE WITH ANYONE” follow her advise. Attorney Gaba has been through many rape cases, and under-age sex cases before. She knows that ‘admissions against one’s own interest’ is an exception to the heresay rule that prosecutors like to use. Don’t talk to anyone about the case - - means just that. Don’t talk about your case to your cousins, uncles, best buddy, current girl friend or step-dad. Follow the advise that you have been given.

If you remember a fact or detail that you never mentioned to your attorney, make a note. Pass all information along to your attorney as soon as possible. If you recall that a police officer had his gun out of its holster at the time of your interrogation this may not mean much to you, but let your attorney know all facts and circumstances. She can decide how important or critical a newly remembered facts truly is.

Nothing within this portion of Gaba Law Office’s web site is intended to imply that there are any guarantees as to specific results on a particular type of case.

NONE THE LESS, IT IS TRUE THAT TRIAL ATTORNEY GABA CONTINUES TO ACCEPT THE MOST SERIOUS OF SEXUAL FELONY CASES.

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