Stat rape question..

[Scruit]

I interpret Ohio law to be: (based up statutes cited below)
(I'm gonna assume the victim is female. The victim can also be male, but I can't vbe bothered to X-ref with homosexual AOC laws)

F-10, 1st offense "Imprisoned for life" per 2907.02 A(1)(b)
F-10, 2nd offense "Imprisoned for life, or Life without parole" per 2907.02 A(1)(b)

F-13 By Force, Ist offense "Imprisoned for life" per 2907.02 A(1)(b)
F-13, By Force 2nd offense "Imprisoned for life, or Life without parole" per 2907.02 A(1)(b)

F-13, No force, Felony 1 per 2907.02

F13 M18-22: Felony 4 per 2907.04
F13 M23+: Felony 3 per 2907.04

F14 M18-23: Felony 4 per 2907.04
F14 M24+: Felon 3 per 2907.04

F15 M19-24: Felony 4 per 2907.04
F15 M25+: Felon 3 per 2907.04

F16 OK per 2907.04

Other than this I cannot find any Ohio law that illegalises sex between a girl even as young as 13 as long as the male is 17 or younger. Can anyone else give me an Ohio cite, because this sounds wrong to me. 13yo girls should NOT be having sex!





§ 2907.02. Rape.
(A) (1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is substantially impaired because of 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 because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
(B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(1)(a) of this section substantially impairs the other person's judgment or control by administering any controlled substance described in section 3719.41 of the Revised Code to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one of the prison terms prescribed for a felony of the first degree in section 2929.14 of the Revised Code that is not less than five years. If the offender under division (A)(1)(b) of this section purposely compels the victim to submit by force or threat of force or if the victim under division (A)(1)(b) of this section is less than ten years of age, whoever violates division (A)(1)(b) of this section shall be imprisoned for life. If the offender under division (A)(1)(b) of this section previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of this section or to violating a law of another state or the United States that is substantially similar to division (A)(1)(b) of this section or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, whoever violates division (A)(1)(b) of this section shall be imprisoned for life or life without parole.
(C) A victim need not prove physical resistance to the offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.



§ 2907.04. Unlawful sexual conduct with minor.

(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.
(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.
(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.
(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.
(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.

(emphais mine)

Note to NG: In Ohio it appears the under/over 18 thing doesn't work out. Female under 16 with male 18 or over is illegal per 2907.04, but Female 16/17 and male 18+ is ok.

[ousoonerfan3]

I'm going to have to disagree with you on that. In the Oklahoma statute you quoted there it would NOT be illegal for a girl of 17 and a boy of 19 to have sex, even though "..one person is over 18 and the other isn't"

Is this directed to me Scruit, as I am the one who cited the Oklahoma statute, or is it to ngcsubutterbar? If for me, I direct you back to my post to show we are in agreement:

These lead you to believe that if both parties are under age 18, consent can be given as young as 14. If one party is 18 or older, the other must be at least 16 to give consent.

[ngcsubutterbar]

it isn't that way here. if one party is 18+ the other isn't it's statutory rape. What you highlighted on your own code btw, is sexual misconduct, not rape laws.

[Scruit]

NG, § 2907.02 is Rape and § 2907.04 is Unlawful sexual conduct with minor. That covers all the bases. Did I miss something? You said; "It isn't that way here". Well, that's because different states have different laws... And this is one case where the laws are different. In the other stat.rape thread there was a boy of 17 with a girl of 14. Under MI law the 17yo is facing a possible 15 year jail term. In Ohio that is apparently not illegal. Wildly different legal standards from two bordering states...


ousoonerfan - I was replying to NG who had re-quoted your Oklahoma law.

[EMTinGrandAm]

So let me understand, I believe the age of consent is 16 here in Mass. If the girl is 16, and the guy is 17, that's a crime? Heck they could be in the same Social Studies class in high school... Or am I misunderstanding. Any by consent, you need to ask the parents permission? Get writen authorization? "Hey mike, look! Jane's mom signed this saying hi can "tap" her whenever I want!" I think every guy would frame that above their bed for life....

[Scruit]

Some states set a hard cutoff (no pun intended) for underage sex. If one person is above that age and the other is below then the older is breaking the law.

Some states (like Ohio) consider the relative ages.

'Consent' for sex can only be given by the person - not by anybody else. Parental consent is irrelevant. (Perantal acceptance could mean lack of reporting the crime, but it's like Russian Roulette because you are still committing a crime and only by the grace of their parents are you not in jail. Hope you never fall out of favor with her parents...)

A person under the 'age of consent' cannot give consent. Period.

Ohio law states that sex with a girl under 13 is a Felony 1. That is assuming that the sex was a seduction and there was no force. Consent is not metioned - just force/ no force. Force = Physical force or threat of force.

Every time I hear of a -13yo girl who's pregnant or reports to having sex (I have watched Maury once or twice) I wonder what happened to the guy who did it... That's some SERIOUS jail time right there.