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.
As August turns into September students from across the nation will return to Miami University to begin a new academic year. One of the changes awaiting students when they return to campus are some changes in the Student Code of Conduct.
The Cincinnati Enquirer recently published a well-sourced piece on campus sexual assaults (often referred to as Title IX cases) titled "The Sex Talk: The conversation that is not happening about campus sexual assault." As a Title IX Lawyer, I appreciate the attention that the authors of the Enquirer article and its participants brought to the many issues surrounding Title IX cases. One area that could have used more attention in the Enquirer piece, however, is how to handle cases where both parties are equally intoxicated, and where neither party alleges that the other party used force, threat of force, or purposeful incapacitation (i.e. attempt to drug/over-intoxicate the other party). Some might call this the *consensual* "drunken hookup." Solving the puzzle regarding the *consensual* drunken hookup is at the heart of creating a fair and constitutional Title IX process.
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.
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.
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.
December 13, 2015, Cincinnati, Ohio - This past Sunday, William Simpson age twenty-five, refused to pay a taxi company who drove a female to his residence. The taxi driver called the police to report the unpaid fare. When the police arrived, they saw the female putting on clothes. Upon questioning, both Simpson and the female reported having consensual sex. In an online profile and chat, the female had previously stated that she was twenty years old, but in reality she was only fifteen.