Legal Question in Criminal Law in Ohio

Assult

A pt at work engaged my husband in a sexual act. She was an overdose pt and still had one leg restrained. He says that she did it to pay him back for being nice, she says it was payment for exchange of medication. They did a test for semen and mucal test for dna. I would like to know what exactly he can be charged with,what kind of sentence he would be looking at and if going after her charector would make a difference. He is a Rn and he told him that he did engage in the act but that she initiated it.


Asked on 11/04/07, 4:35 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Assult

To answer your question about character first, evidence of her past sexual conduct is not admissible except when the past sexual conduct was with the defendant and where consent is an issue. As to the sentence, that depends on a number of factors and your own attorney will be better able to answer that question as you approach trial. I'm not sure what the charges will be. The most likely charges is aggravated indecent assault in my opinion which is a felony of the second degree. Another likely charge is Institutional Sexual Assault if the facility is considered a mental health institution which is a felony of the third degree. If she is saying that the sex was consensual and was in exchange for drugs then another charge will depend on the particular drug and quantity.

But until you see the actual Criminal Complaint and go through the Preliminary Hearing you won't know what the charges are.

Because he's an RN he is probably making too much to qualify for a Public Defender and he should hire a local attorney experienced in criminal law at his earliest opportunity.

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Answered on 11/05/07, 9:33 am


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