A person generally commits the criminal offense of rape by using force, threats of force, coercion, or fraud to have non-consensual sexual intercourse with another person. In some states this criminal offense is called sexual assault. Rape is a felony offense with significant jail or prison time as potential punishment.
Laws vary from state to state and some state laws also include in the definition of rape sexual intercourse with a person who is intoxicated by drugs or alcohol, unconscious, or mentally disabled and unable to consent to the sexual intercourse. And some states have a broad definition of the lack of consent to sexual contact constituting rape and include sexual contact with public servants (police officers, etc.), members of the clergy, mental health service providers, and employees of assisted living centers or nursing homes as lacking consent under some circumstances.
In some states it is rape or sexual assault for a health care services provider performing an assisted reproduction procedure to use human reproductive material from a donor other than the patient’s intended donor.
Rape or sexual assault laws are generally located in a state’s statutes—often in the penal or criminal code.
In Ohio, rape is defined under Ohio Revised Code Section 2907.02 and is considered a felony offense. The law states that a person commits rape by engaging in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force, or when the other person is impaired due to a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired. Ohio law also considers it rape if the victim is not the spouse of the offender, is less than thirteen years of age, whether or not the offender knows the age of the other person. Additionally, Ohio recognizes that sexual conduct with someone who is intoxicated, unconscious, or otherwise unable to consent due to incapacitation can constitute rape. The state imposes severe penalties for rape, which can include significant prison time. It is important for individuals to understand that consent must be given freely and that coercion, force, or taking advantage of someone's incapacitated state negates consent. An attorney can provide more detailed information about the specific circumstances and potential defenses related to a charge of rape in Ohio.
