Defending Gross Sexual Imposition - Frank Mungo

In Ohio, What Are the Specific Elements GSI That The Prosecution Must Prove?

Under R.C. 2907.05 of the Ohio Revised Code, the prosecution must prove the charge of gross sexual imposition either under part A or B of the follow sections of the statute:

(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:

(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.

(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.

(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.

(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.

(B) No person shall knowingly touch the genitalia of another, when:

• the touching is not through clothing;

• the other person is less than twelve years of age, whether or not the offender knows the age of that person; and

• the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

• A victim need not prove physical resistance to the offender in prosecutions for gross sexual imposition.