When our client walked into court facing one count of Sexual Imposition and one count of Assault, the stakes could not have been higher. If convicted, our client faced over six months in jail, fines, a record that could never be sealed or expunged, and being labeled as a sex offender. After an eight (8) witness trial, a verdict of NOT GUILTY was returned on each count. Our client got to walk out with us.
Understanding The Charges
Under Ohio law, Sexual Imposition is a misdemeanor of the third degree. More significant than the potential jail sanction was the sex offender registry requirements. Our client would have been required to register as a Tier I sex offender for fifteen years. Under the facts of this case, the sexual imposition and assault were not sealable or expungable convictions. As such, these charges would have lifelong consequences for our client.
In order to convict our client, the City of Rocky River must have proven beyond a reasonable doubt that our client had sexual contact with his accuser when he knew that the sexual contact is offensive to the other person or is reckless in that regard. There was never any doubt that our client did not do what he was accused of. From the very beginning we were retained we were preparing for trial.
Fighting Relentlessly at Trial
The first big piece of this case was the client’s decision to waive his right to a jury trial and opt to have the case tried only to the Judge. This decision gave Attorney Johns a lot more autonomy on cross examination of the alleged child victim. This way Attorney Johns could dig into the alleged victim’s attempt to recant their statement without coming off too strong to a jury.
The other pivotal moment of the trial was the credibility of our client’s testimony at trial. Our client had the right to remain silent. However, our client listened to our advice and was prepared to testify in his own defense. Our client was perfectly poised on the stand and answered every question on direct and cross examination honestly and thoughtfully.
The Verdict
After the concerted effort of everyone involved, the Judge returned a not guilty verdict on both the Sexual Imposition and Assault charges. That meant no conviction, no sex offender registration, and no criminal record from these allegations. This verdict also meant our client getting his life back on track. Having the fear of incarceration, a criminal record, and a sex offender label is over.
Cases like these showcase the importance of the very foundation of our criminal justice system: the accused are presumed innocent until proven guilty beyond a reasonable doubt. We are so proud of the defense that we developed and even more grateful that our client put his trust and life in our hands.
Every case is different. Past results do not guarantee or predict a similar outcome in any future case.
