Age of Consent in Ohio: How the Law Shields Victims of Abuse

One of the most important measures used by lawmakers to protect minors from sexual assault and inappropriate relationships is the age of consent. The age of consent is the age at which a person can legally consent to a romantic or sexual relationship or sexual activity. Every state has its laws surrounding consent and the age of consent.

If it’s found that an adult over the age of consent is engaged in sexual or romantic activity with a person under the age of consent, the parents or legal guardians of the victim can pursue protective orders and criminal charges against the perpetrator. The following sections address the age of consent in Ohio and other laws and legal tools that protect survivors of sexual assault.

What Is Consent?

Consent is the clear, knowing, and freely given agreement to engage in sexual activity or romantic relationship. For a person to truly give consent, they must do so willingly without coercion, force, or manipulation and there must be a clear and enthusiastic agreement to engage romantically or sexually. Consent can be revoked at any point by either party and if one or both individuals are under the influence of drugs or alcohol or have a disability, it is possible that they may not be able to consent even if they do so verbally.

What Is the Age of Consent in Ohio?

An important aspect of consent is that a person must have the mental and physical capacity to agree to sex. Because a child cannot knowingly consent to sexual activity, age of consent laws were developed so that survivors and their families can pursue legal action against a predator and compensation for their damages.

In Ohio, the age of consent is 16 which means that a 16-year-old can legally consent to sexual activity with a person who is 16 years old or older in Ohio. However, the age of consent may be raised to 18 if the 16-year-old is engaged sexually with a person with authority over them such as a teacher, priest, or scout leader. It may also be raised if the 16-year-old has a mental or physical disability or if they were under the influence of drugs or alcohol when a sexual act took place.

How to Get a Restraining Order

The age of consent also allows survivors and their family members to pursue a restraining order or other protective orders against a person if they have committed a sex crime against a child. There are several types of protective orders available in Ohio depending on the situation, including a Stalking or Sexually Oriented Offense Protection Order (SSOOPO) which is designed specifically for victims of sexual assault and stalking.

Temporary Stalking or Sexually Oriented Offense Protection Orders (SSOOPOs)

An SSOOPO can be issued on a temporary or final basis. A temporary SSOOPO lasts 10 days and can be issued before the perpetrator is found guilty of the crime or even charged. This is so that victims of sexual assault are not bogged down by the legal system when their health and safety are at risk.

A temporary SSOPO offers:

• Protection from being contacted by the perpetrator whether physical, verbal, or over the phone or internet.
• Protection from the perpetrator entering any area where the survivor lives or works.
• Damage to your property or manipulative behavior such as shutting off your utilities, canceling any insurance policies you or your child may have, or engaging in any harmful activity against you.

How Final SSOOPOs Differ

A final SSOOPO lasts for five years and offers many of the same protections; however, to obtain one, the perpetrator must be found guilty of stalking or a sex crime. In addition to the protections offered by the temporary SSOOPO, you may be able to request that the perpetrator wears an electronic device that alerts the authorities when they attempt to stalk you or your child. When the five years run out, you are eligible to apply for an additional 5-year extension.

To obtain a temporary SSOOPO, go to the county court that serves your area and tell them that you want a temporary ex parte order. You will need to fill out a form and see a judge who will ask you a few questions regarding your situation. If the judge approves the order, it will go into effect immediately.

For a final SSOOPO, you’ll follow the same process, however, if the perpetrator has not been found guilty of a sex crime or stalking, you’ll need to wait until the perpetrator receives a guilty verdict until the order goes into effect. You will also need to be present at the hearing and request that the judge issue the final protective order.

Mandatory Reporting Guidelines in Ohio

When a person works with a child in an official or professional capacity, Ohio requires that they report any abuse or neglect that they suspect that the child may be experiencing to law enforcement. Examples of mandated reporters include, but are not limited to:

• Attorneys
• Teachers
• Healthcare professionals
• Mental health professionals
• Law enforcement
• Social workers
• Government officials

Note that while the age of consent is 16 in Ohio, a person is considered a minor until they are 18. Furthermore, a mandated reporter may be legally required to report the abuse of anyone with a physical or mental disability regardless of age.

What Is a “Rape Shield Law”?

In the past, the defendants in sexual assault cases have sometimes tried to weaponize a survivor’s previous sexual history to portray them as immoral or promiscuous to try and make the argument that the survivor “asked for it.” Rape shield laws exist on a federal level to prevent this from happening by prohibiting sexual history to be used as evidence in any case by anyone.

How Is Rape Defined by the State of Ohio?

While other definitions exist for other sex crimes such as sexual assault and sexual harassment, Ohio defines “rape” as forcible penetration (including oral sex) whether perpetrated through physical force, threats, manipulation, or through the use of drugs or alcohol. It also includes situations where a person of authority engages in sex with a person under 18 or engages in sex with a person who has a mental or physical disability.

How to Report Sexual Assault

Sexual assault is often one of the most traumatic experiences that a person endures during their lifetime. Understandably, it can take many years before a person can come forward. If you or your child have been sexually assaulted, the first step is to notify the authorities and file a police report.

If you or your child is under the age of 16 and it has been less than 72 hours, go to the hospital to get a rape kit performed to swab for evidence, even if you do not intend to press charges. If you or your child is over the age of 16, you will have 96 hours. Note that a rape kit is most effective at collecting evidence the sooner you seek help.

Do not wash yourself or change your clothes beforehand. If you intend to pursue legal action against the perpetrator in your case and you were under the age of 18 when the sexual assault occurred, you will generally have until your 30th birthday to report the crime. Unfortunately for adult victims of sexual assault, you will only generally have a year from the date of the assault to report the crime.

Ohio Sex Offender Registry

If you are successful in pressing criminal charges against your assailant, they will likely need to be listed on the sex offender registry. The length of time they will be required to register depends on the nature of the crime, however, it will be a minimum of 15 years to life. These laws have been in place since the early 60s to make the public aware of sex offenders in their neighborhoods so that they can take measures to protect themselves and their loved ones.

An Ohio Sexual Abuse Lawyer Can Protect Minors through Advocacy

Laws regarding the age of consent and sex crimes are somewhat complicated in Ohio, and to be successful in their attempt to pursue legal action against their abuser, child sex abuse survivors need the help of someone who is experienced in Ohio child sex abuse law and can advocate on their behalf. Furthermore, gathering evidence is crucial in a child sex abuse case as often many years have passed since the event took place. StrongerThan’s legal team are not only effective litigators, but we also have the resources and skills that are crucial to locating and collecting evidence and witness testimony important to these types of cases.

Age of Consent in Ohio FAQ

Here are some questions people commonly ask when discussing the age of consent in Ohio.

What Is Statutory Rape?

Statutory rape generally refers to an inappropriate romantic or sexual relationship between an adult and a minor. In Ohio, statutory rape is referred to as “unlawful sexual conduct with a minor” and is defined by a person who is 18 years or older who penetrates a minor who is less than 16 years old. However, other related charges can be pursued if this definition does not describe your specific situation.

For example, if an adult is soliciting your child sexually or sending sexual messages they could be charged with “importuning” or “disseminating matter harmful to juveniles.” If you have questions about the legality of your child’s relationship and what your legal options are, a consultation with a lawyer is your best bet.

What Is the Romeo and Juliet Law?

Romeo and Juliet laws exist in many states including Ohio. These laws aim to prevent harsh penalties for small age gaps between consenting individuals, generally teenagers.

Romeo and Juliet laws in Ohio say that any minor who is over the age of 13 is legally allowed to engage in sexual conduct with anyone under the age of 18, even though the age of consent is technically 16. However, penalties start applying when the age gap is larger than three years if one person is over the age of 18. For example, it’s legal for a 14-year-old and 17-year-old to date, but if the 17-year-old has their 18th birthday before the 14-year-old turns 15, they may receive a misdemeanor.

How Does Ohio Law Protect Online Relationships?

Sexual harassment does not necessarily need to be an in-person interaction. If you receive threatening or unwanted contact through social media, email, messaging apps, or any other telecommunication, you can file charges and pursue legal action. This may even include posts such as meme sharing or status updates with the intent to harass, abuse, or embarrass you.

Consult with a Lawyer to Seek Justice for Your Abuse

While many survivors of child sex abuse are aware that they have the option to press charges against their abuser, there are unfortunately few who realize that they can pursue compensation for the trauma that was inflicted on them and carried for so many years. One option for survivors of child sex abuse is to pursue a civil lawsuit against their abuse. This is often an ideal strategy for survivors who were abused many years ago and may have limited evidence to support their case, as a civil suit can typically be pursued until a survivor turns 30 and there is a smaller burden of evidence.

Regardless of what option you may choose, StongerThan is always available for a consultation or to help you locate resources such as medical or mental health care, or even financial assistance to help you in your recovery journey.