Sex Crimes against Children

A relevant perspective from Ohio sexual abuse lawyers

State and federal legislatures have passed tougher laws to address the issue of sex crimes against children. Our Ohio criminal defense attorneys at Yavitch & Palmer provide relevant information about such changes.

In a social landscape where allegations are egregiously viewed, heinous crimes such as the following became landmarks:

• Jaycee Dugard was abducted at age 11, near her home in South Lake Tahoe, CA by Phillip Garrido, a paroled sex offender, in 1991. She was repeatedly raped, bore two children, and was held in captivity for 18 years by Garrido and his wife Nancy. Phillip and Nancy Garrido were indicted on 28 counts of kidnapping.
• Elizabeth Smart was kidnapped at knifepoint by Brian David Mitchell in 2002 from her Salt Lake City bedroom when she was 14 years old. Abused and repeatedly raped, she was discovered by authorities nine months later. Mitchell and his wife Wanda Ileen Barzee were tried on grounds of kidnapping. Both were found guilty. Barzee was sentenced to 15 years, and Mitchell still awaits sentencing.
• Adam Walsh was abducted from a Florida shopping mall and murdered in 1981. His killer was not apprehended until 2008. Adam's father, John Walsh is the host of the television series America's Most Wanted and founder of the National Center for Missing and Exploited Children (NCMEC).

Adam Walsh Child Protection and Safety Act of 2006 (AWA)

Named after Adam Walsh, AWA expands federal jurisdiction over crimes against children and addresses internet and digital devices used for the purposes of:

• Distributing date rape drugs
• Kidnapping children
• Displaying material harmful to minors
• Child prostitution

Under AWA certain sex crimes have no statute of limitations. As of May 2010, Ohio is deemed in compliance with AWA.

Amber Alerts

As a result of numerous kidnappings, the Department of Justice created a system called Amber Alert that notifies and activates law enforcement agencies, newscasters, state transportation officials, and the wireless communication industry about missing children.

Sex crimes against children—prosecution and penalties

Ohio kidnapping, rape, sexual battery, and unlawful sexual conduct with a minor have a statute of limitations of 20 years, which means the prosecution has that long to bring an indictment. A first degree felony (the most severe charge) may be sentenced for three to 10 years imprisonment. However, aggravated sex crimes, such as those involving weapons and repeated offenses receive harsher sentencing.

Even if innocent and wrongfully accused, if you are charged with sex crimes against children, high profile news stories portray you as a sex offender or pedophile. If convicted, you may spend the rest of your life registering in a sex offender registry, which limits your contact with children, where you can live, and requires informing neighbors of your status.

To find out how to protect your rights, contact a Columbus sex crime attorney at Yavitch and Palmer. Call us at 614-224-6142 or fill out our web contact form.