Sex Education, Part One:
Butler County Judge Charles Pater has refused to preside over future cases involving sex crimes. His recusal is due to a written admission issued two months ago stating he may have been biased in sentencing a defendant based upon Judge Pater's own personal experience with a family member who was a victim of a sex crime.
On June 19, 2017, the United States Supreme Court held that a North Carolina law that made it a felony for a convicted sex offender to access social networking websites that could be used by children as unconstitutional. According to statistics cited to the Supreme Court, North Carolina has prosecuted over 1,2000 people for violating it. The Court held that the law, which banned offenders from accessing websites such as Facebook, LinkedIn, and Twitter, violated the First Amendment.
The Ohio Sentencing Commission and the Ohio Criminal Justice Recodification Committee have recently proposed changes to Ohio's sexual offender registration laws. These changes would give judges more discretion when sentencing people convicted of certain offenses. If the new changes are implemented, the current rigid mandatory requirements would be changed to a risk based approach for most offenses.
Under Ohio law, juveniles convicted of sex crimes are potentially subject to sexual registration requirements. There are three levels of registration for juveniles, which vary slightly from those of adult sex offenders. Tier I, the least severe level of registration, requires the juvenile to register one per year for 10 years. Tier II requires registration every 180 days for twenty years. Lastly, Tier III requires registration every 90 days for the remainder of the juvenile's life and may entail a community notification requirement depending on the circumstances.
The Ohio Supreme Court recently held that a portion of Ohio's sexual battery statute was unconstitutional as it applies to police officers. Although the statute imposes criminal liability for a number of classes of individuals with authoritarian relationships over others, the Court found that including police officers in that statute was a violation of an officer's equal protection rights and declared that portion of the statute unconstitutional.
Rape is a horrific crime. Being falsely accused of rape is equally horrific. The consequences for being found guilty range from three to eleven years in prison, life in prison if the victim is a child, and lifetime sexual offender registration. If accused, you need an experienced attorney. Do not wait until you have been charged to call a lawyer. Contact a criminal defense lawyer who has successfully defended sex offense cases if you are contacted by the police before speaking with anyone about the accusations.
Any adult convicted of a sexually oriented offense in Ohio is subject to registration as a sexual offender. Ohio has three levels of registration-Tier I, II, or III. An offender's tier designation is entirely dependent on his or her underlying conviction. Whereas prior law required the Court to determine the proper level of registration by looking at several factors including the likelihood of such an offense occurring again, the Adam Walsh Act, which implemented in 2008 in Ohio, removed this ability.
When someone is charged with a crime and hires a defense attorney, the person's case does not go straight to a trial where guilt or innocence is determined. Instead, the defense attorney will negotiate with the prosecutor at a pretrial hearing on behalf of the individual. These negotiations are attempts to get charges dismissed or at the very least, to get charges amended to offenses carrying less severe penalties.
A former school counselor in Covington, KY, has successfully sued a Covington Police Officer in federal court, claiming the officer falsely arrested him for sexual abuse of a 7-year old boy. The lawsuit, filed in April of 2010, concerns a criminal case from early 2009 that was quickly dismissed after a grand jury refused to indict the school counselor based on a lack of evidence.