Ohio § 2907.02

§ 2907.02.

(A)(1) No person shall engage in sexual conduct with another when any of the following applies: (a) For the purpose of preventing resistance, the offender substantially impairs the

other person's judgment or control by administering any drug, intoxicant, or controlled

substance to the other person surreptitiously or by force, threat of force, or deception. (b) The other person is less than thirteen years of age, whether or not the offender

knows the age of the other person. (c) The other person's ability 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 other person's ability to resist or consent

is substantially impaired because of a mental or physical condition or because of

advanced age. (d) The offender knows that the judgment or control of the other person 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. (2) No person shall engage in sexual conduct with another when the offender purposely

compels the other person to submit by force or threat of force. (B) Whoever violates this section is guilty of rape, a felony of the first degree.  If the offender under division (A)(1)(a) of this section substantially impairs the

other person's judgment or control by administering any controlled substance, as defined

in section 3719.01 of the Revised Code , to the other person surreptitiously or by force, threat of force, or deception,

the prison term imposed upon the offender shall be one of the definite prison terms

prescribed for a felony of the first degree in division (A)(1)(b) of section 2929.14 of the Revised Code that is not less than five years, except that if the violation is committed on or

after March 22, 2019, the court shall impose as the minimum prison term for the offense

a mandatory prison term that is one of the minimum terms prescribed for a felony of

the first degree in division (A)(1)(a) of section 2929.14 of the Revised Code that is not less than five years.  Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code , an offender under division (A)(1)(b) of this section shall be sentenced to a prison

term or term of life imprisonment pursuant to section 2971.03 of the Revised Code .  If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b)

of this section, if the offender was less than sixteen years of age at the time the

offender committed the violation of that division, and if the offender during or immediately

after the commission of the offense did not cause serious physical harm to the victim,

the victim was ten years of age or older at the time of the commission of the violation,

and the offender has not previously been convicted of or pleaded guilty to a violation

of this section or a substantially similar existing or former law of this state, another

state, or the United States, the court shall not sentence the offender to a prison

term or term of life imprisonment pursuant to section 2971.03 of the Revised Code , and instead the court shall sentence the offender as otherwise provided in this

division.  If an offender under division (A)(1)(b) of this section previously has been convicted

of or pleaded guilty to violating division (A)(1)(b) of this section or to violating

an existing or former law of this state, another state, or the United States that

is substantially similar to division (A)(1)(b) of this section, if the offender during

or immediately after the commission of the offense caused serious physical harm to

the victim, or if the victim under division (A)(1)(b) of this section is less than

ten years of age, in lieu of sentencing the offender to a prison term or term of life

imprisonment pursuant to section 2971.03 of the Revised Code , except as otherwise provided in this division, the court may impose upon the offender

a term of life without parole.  If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the offender automatically is classified a tier III sex offender/child-victim

offender, as described in that division.  A court shall not impose a term of life without parole on an offender for rape if

the offender was under eighteen years of age at the time of the offense. (C) A victim need not prove physical resistance to the offender in prosecutions under

this section. (D) Evidence of specific instances of the victim's sexual activity, opinion evidence

of the victim's sexual activity, and reputation evidence of the victim's sexual activity

shall not be admitted under this section unless it involves evidence of the origin

of semen, pregnancy, or sexually transmitted disease or infection, or the victim's

past sexual activity with the offender, and only to the extent that the court finds

that the evidence is material to a fact at issue in the case and that its inflammatory

or prejudicial nature does not outweigh its probative value. Evidence of specific instances of the defendant's sexual activity, opinion evidence

of the defendant's sexual activity, and reputation evidence of the defendant's sexual

activity shall not be admitted under this section unless it involves evidence of the

origin of semen, pregnancy, or sexually transmitted disease or infection, the defendant's

past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code , and only to the extent that the court finds that the evidence is material to a fact

at issue in the case and that its inflammatory or prejudicial nature does not outweigh

its probative value. (E) Prior to taking testimony or receiving evidence of any sexual activity of the victim

or the defendant in a proceeding under this section, the court shall resolve the admissibility

of the proposed evidence in a hearing in chambers, which shall be held at or before

preliminary hearing and not less than three days before trial, or for good cause shown

during the trial. (F) Upon approval by the court, the victim may be represented by counsel in any hearing

in chambers or other proceeding to resolve the admissibility of evidence.  If the victim is indigent or otherwise is unable to obtain the services of counsel,

the court, upon request, may appoint counsel to represent the victim without cost

to the victim. (G) It is not a defense to a charge under division (A)(2) of this section that the offender

and the victim were married or were cohabiting at the time of the commission of the

offense.