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Rape ORC § 2907.02

Rape Defined:

  • Engaging in sexual conduct with one who is not a spouse or who is a spouse, but living separately;
  • By force, or threat of force, or by administering drugs to impair judgment; or
  • If the victim is less than 13 years of age.


The traditional definition of rape is sexual conduct with a female by force. The Ohio rape law expands upon this traditional definition by doing away with distinctions of gender. In addition to vaginal intercourse, rape in Ohio includes other such types of sexual conduct involving penetration.

Furthermore, the Ohio rape law includes engaging in sexual conduct with anyone under the age of 13, regardless of whether force or drugs are used. If force or drugs are used, it may be considered forcible rape.

At Funkhouser Law, we know that each person accused of rape has the presumption of innocence. As such, we work hard to accomplish the most favorable outcome for each of our clients. If you have been accused of rape, please call Funkhouser Law for a free consultation with an experienced peer-rated lawyer.

Potential Penalties:

Rape is distinguished from gross sexual imposition in that rape involves sexual conduct while gross sexual imposition, which is generally less serious, involves only sexual contact. Rape is a felony of the first degree, which carries with it a sentence of 3-10 years and a maximum fine of $20,000.

Forcible Rape:

If force is used against a person under the age of 13, it is forcible rape, which carries a penalty of life imprisonment.

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