Can a person be punished for rape if there has not been full penetration?
Full Question:
I am a 15-year-old girl. Last night, my dad’s friend tried to have sex with me; however, my mother came into the room timely and saved me. There was only a slight penetration. Is my dad’s friend still punishable under the law prevailing in Ohio?
12/29/2016 |
Category: Criminal » Statutory Rape |
State: Ohio |
#29040
Answer:
ORC Ann. 2907.01 defines the term Sexual conduct as:
“(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.”
ORC Ann. 2907.04 states that:
“(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.
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(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.”
ORC Ann. 2907.04 states that:
“(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.
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(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.”
ORC Ann. 3109.01 reads:
“All persons of the age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full age for all purposes.”
ORC Ann. 2929.14 describes the punishment for unlawful sexual conduct with a minor.“(b) For a felony of the third degree that is not an offense for which division (A)(3)(a) of this section applies, the prison term shall be nine, twelve, eighteen, twenty-four, thirty, or thirty-six months.”
In the instant case, the sexual intercourse between the dad’s friend and the victim, eventhough was slight, may be sufficient to hold the dad’s friend punishable under ORC Ann. 2907.04. Thus, the dad’s friend may be punished with a prison term between 6-18 months for a felony of the third degree.
