You may have heard the news about a 10-year-old Ohio girl whose family had to take her to Indianapolis, IN to get a legal medical abortion after she was impregnated by a man who raped her. But do you know what happened to her alleged attacker?
Six days after the girl identified an Ohio man as her attacker, he spoke to police in Columbus, Ohio, and reportedly confessed that he had raped the girl twice, according to a news article by CNN.
The man, 27, was arrested and charged with 2 counts of felony rape in an indictment handed down by a grand jury in Franklin County, Ohio.
If convicted, the man faces a penalty of up to life in prison for the crimes, which gained national and even global attention when the U.S. Supreme Court overturned the long-standing Roe vs. Wade decision that had made abortion legal in America since 1973.
After that new decision, abortion became illegal in Ohio, based on state law, as early as 6 weeks into pregnancy—but not in Indiana. (The girl in the Ohio case was 9 years old at the time of the assaults, which occurred as late as May 12, 2022, and she was 6 weeks and 3 days into her pregnancy when she had the medical abortion.)
As for the Ohio man’s possible punishments, they stem from Ohio Code § 2907.04, which holds that a minor is someone under the age of 16 but above the age of 13. As for persons under the age of 13, they are considered a child and are not legally able to give consent to any sexual activity.
Under Ohio law, sexual conduct with a child under the age of 13 is rape and is a 1st-degree felony, with a punishment of up to life in prison and a fine of up to $20,000.
If the rape victim had been an adult, the possible punishments would have been less severe. In Ohio, while any rape still is deemed a 1st-degree felony, the rape of an adult would bring a lesser punishment of 3 to 10 years in jail, along with a fine of up to $20,000.
How does Texas classify crimes? What are the sentencing guidelines for felonies vs. misdemeanors?
Punishments are harsher for sex crimes involving children
As you can see, state laws can provide extremely harsh penalties and punishments when a sex crime involves children, particularly when they are under certain ages. And Texas punishments when sex crimes target children are no exception. In fact, Texas laws are among the most severe in the nation.
If the crime in Ohio had occurred in Texas, the charge would have been aggravated sexual assault of a child.
In Texas, if a sexual assault victim was younger than 14 years old at the time of the assault, then the sexual assault is considered to have been an aggravated sexual assault. (A sexual assault also is considered aggravated even when the victim is older than 17—the age of consent—if a deadly weapon was used, if the accused person used a date rape drug or if other aggravating factors existed in the case.)
Texas law holds that aggravated sexual assault is a 1st-degree felony. Punishments can be up to 99 years in prison—which is considered life in prison—and a fine of as much as $10,000.
However, if the sexual assault victim was under 6 years old, the offense is considered “super aggravated,” and possible punishments begin with a minimum sentence of 25 years in prison and a fine of $10,000. Punishments also can be up to life in prison with no chance for parole.
Anyone convicted of sexual assault of a child in Texas also must register as a sex offender, possibly for the rest of their life.
More Texas punishments for sex crimes involving minors
Still more Texas laws pertain to sex crimes involving minors, including a law against what is known as continuous sexual abuse of a child. That is a 1st-degree felony with punishments of up to life in prison and a fine of as much as $10,000.
Texas punishments for indecency with a child by exposure, a 3rd-degree felony, include up to 10 years in prison and a fine of as much as $10,000. Texas punishments for indecency with a child by contact not involving penetration—a 2nd-degree felony—include up to 20 years in prison and a fine of as much as $10,000.
Get an experienced Texas sex crime defense attorney
Clearly, a person who faces a claim, accusation or charge of a sex crime, especially if it involves children, must get an experienced sex crime defense lawyer to protect his or her legal rights. (Yes, her, since female Texas teachers have faced charges for having sex with underage students.)
Female teachers are being charged with sex crimes more than ever. Learn about this disturbing trend of female teacher sex offenders.
Not everyone who is accused of a sex crime against a child is guilty. Some people may be falsely accused due to mistaken identity, a former partner lying to seek vengeance or a spouse using the accusation as leverage in a child custody battle.
In fact, accusations of sex crimes against children are unfounded in up to 10 percent of child sex abuse claims, studies show.
If you or a family member in Houston or throughout Harris County, Montgomery County or Fort Bend County needs a legal defense after an accusation or charge of a sex crime, contact a knowledgeable and skilled sex crime defense lawyer at the Neal Davis Law Firm today. Let us hear from you so we can schedule a private consultation about your case.
