Understanding Rape by Fraud
Dec. 16, 2022
In 2019, there were nearly 5,700 reported incidents rapes in Ohio according to the Federal Bureau of Investigation. And, though all accusations of rape should be handled seriously and throughly investigated, those who stand accused of such crimes also deserve to have their rights and best interests protected. This can be especially important if you’ve been accused of rape by fraud.
If you’re in Columbus, Ohio or anywhere in the area, including Dublin, Westerville, Gahanna, Hilliard or the surrounding counties of Delaware County, City of Delaware, Lewis Center, Powell, contact Wolfe Law Group, LLC today to speak with a sex crimes attorney.
Defining rape can be hard because it encompasses several different acts, but it generally means any sexual intercourse that’s non-consensual. Central to this definition is the concept of “consent,” and it’s essential to understand how this term is used in a legal sense. In our everyday lives, we can come up with countless examples when our memory of a certain event isn’t consistent with someone else's memory of the same event. And regarding a rape allegation, there are some times when you may have believed you had consent to engage in sexual contact with someone else when in fact, the other party did not consent.
Consent Defined in Ohio
Per Ohio law, consent means that someone has freely given their agreement, either directly with their words or through overt acts, to engage in sexual conduct with another person. Furthermore, the individual must be “competent” at the time, meaning you cannot consent if you’re under the influence of drugs or alcohol, unconscious, or if you’ve been deceived or threatened into consenting.
What Is Rape by Fraud
When facing a rape charge, it’s important to understand what constitutes as rape by fraud. Essentially, this means that someone has used deception or fraud, has misrepresented themselves, or has impersonated someone else all with the intent to obtain consent for a sexual act. Because the individual has been deceived into believing a falsehood, they cannot then freely give their consent because they’re making this determination based on false pretenses. Therefore, any sexual acts that occur because of this deception can be considered rape under Ohio law.
Punishing Rape by Fraud
Being convicted of a rape charge is a very serious offense, and one that you should always defend yourself from by hiring an experienced attorney to represent your interests. A rape conviction can bring with it jail time, large fines, probation, and the requirement to add your name to the sex offender registry. All these penalties can have lasting effects on your life, long after you’ve been released from prison.
Everyone deserves a fair trial and to have a competent lawyer defending them, but this is even more important with a rape by fraud charge. In these cases, because you technically received consent, the crux of the prosecution’s argument must lie in proving that you intentionally deceived someone else. This will be contingent on presenting enough substantial evidence. It’s entirely possible that you never intended to commit fraud and genuinely thought the sex was consensual.
A skilled lawyer will thoroughly investigate your case, uncover all potential evidence that may be used against you, and work with you to prepare a defense that will give you the best chances of being acquitted or having your charges reduced.
Get the Guidance of a Sex Crimes Attorney
If you’re facing any kind of rape accusation, contact the attorneys at the Wolfe Law Group, LLC in Columbus, Ohio to work with a team who’s committed to the truth and defending your rights every step of the way. They also serve the surrounding areas of Licking County, Newark County, Heath County, and Fairfield County.