Rape

TRIAL ATTORNEY ELIZABETH GABA ACCEPTS THE MOST SERIOUS OF SEXUAL FELONY CASES. She sees her job as putting together the best possible courtroom defense and never passes moral judgment as to the circumstances of the case. Trial Attorney Elizabeth has in the past successfully defended men and women who have been accused of rape, gross sexual imposition, sex with an under age person and other similar sexual criminal cases.

If you have been charged with a crime of rape - it is MOST CRITICAL to contact an experienced attorney as early as possible. There is no consultation fee when a person accused of rape or similar crimes discusses their case quietly and PRIVATELY in the office of Attorney Gaba.

Attorney Gaba will accept a sexual felony cases not only in central Ohio (that is: Columbus, Circleville, Chillicothe, Delaware, Lancaster, London, Marysville, Mt. Vernon, Newark, Zanesville) she will also accept these types of cases in locations that are farther away (such as Athens, Marietta, Portsmouth, and Cleveland by way of example).

In the State of Ohio the definition of RAPE is:

The unlawful conduct between persons where any of the following activities take place:

vaginal intercourse between a male and female, anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and without privilege to do so, the insertion, however slight of any part of the body or any instrument, apparatus or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

CRIMINAL PENALTIES FOR A PERSON CONVICTED OF RAPE

The crime of RAPE in Ohio is defined as a first degree felony. A person convicted of RAPE by statute must be sentenced to not less than five (5) years of penitentiary incarceration, but depending upon the age of the “victim” may be sentenced to LIFE IMPRISONMENT WITH NO POSSIBILTIY OF PAROLE depending upon factual circumstances.

A person accused of major sexual crimes who does not take their legal problem serious sometimes attempt to make up poor excuses. They get themselves into deeper trouble. Many judges will not even allow an accused person to present a known “poor excuse” at the time of trial.

Here is a list of NON-WORKING excuses that will get an accused convicted that much faster!

  1. The girl said she was over the age of sixteen and I believed her.
  2. As long as a girl’s breasts are at least as large as her fists, and she is old enough to have monthly menstrual periods, it doesn’t matter how young the girl is- - - she is old enough to have sex.
  3. Even if the girl is under the age to give valid consent to having sex, if her partner is younger than she is, the sexual act is legal.
  4. The girl chose to get drunk voluntarily, it was never my idea, so whatever happened after she got drunk - wasn’t my fault.
  5. Where a female is the sexual aggressor and brings up the topic of having sex, once body activities begin to take place, the woman has to go through with “it” to the end. The law doesn’t side with a “penis teaser”.
  6. I never put my penis into her vagina, therefore whatever took place, it wasn’t rape.
  7. Sure she said “NO” a lot of times, to having sex, but the last time she said “yes” and its only the last time that counts.
  8. I’m old and sickly. I only have an erection once every four or six months. I had consensual sex with my girl friend a couple of days before the alleged “rape” took place. Therefore it is an impossibility that I raped the so-called “victim“ a day or two later.
  9. The 13 Amendment to the Federal Constitution (outlawing involuntary servitude and slavery) says there is no such thing as slavery. People, companies and governments can’t own a young girl. If the State of Ohio can not own a young girl, it cannot tell her at what age she can have sex. Having sex with an under-age girl is therefore legal.
  10. There is a difference between “rough” sex, sometimes called aggressive sex and rape. When a girl permits rough sex she can’t change her mind later on and say that she was raped.
  11. Look at the so-called “victim“. She is pathetically ugly. It is a personal insult to me to say I had sex with her. Let me repeat; look at her.
  12. WOMEN TAKE NOTE OF THE FOLLOWING: THE LAW DOES NOT RECOGNIZE THESE TWO EXCUSES LISTED BELOW AS VALID OR ACCEPTABLE DEFENSES AT THE TIME OF TRIAL.

  13. A woman can never be charged with raping an underage boy. If a boy is frightened he won’t be able to have an erection. If he has an erection he’s not frightened and therefore any sexual act he participates in is done willingly and is legal.
  14. A young man or underage boy has no idea how to engage in sex with a woman. If a volunteering woman doesn’t show a young boy how “its” done - he’ll never know. Instructing a boy sexually is teaching - not rape.

PLAN A WORKABLE & SUCCESSFUL RAPE DEFENSE

Planning a successful defense, for a person charged with a sexual crime, that a jury will accept, cannot be accomplished in one afternoon. Choose an experienced courtroom trial attorney as soon as possible. Get to all your office appointments on time. The more time an attorney has to prepare the more comfortable the attorney feel when she stands before the jury.

The accused person should NOT hold back any facts. If drinking alcohol took place before the alleged sexual acts - let the attorney know immediately If the accused person and the “victim” were both using cocaine, heroine or other drugs before the alleged sexual events - be sure to notify the attorney, All this information goes into the trial planning. This permit’s the attorney to organize her cross - examination questions well in advance.

When the attorney says “DON’T DISCUSS THIS CASE WITH ANYONE” follow her advise. Attorney Gaba has been through many rape cases before. She knows that ‘admissions against one’s own interest’ is an exception to the heresay rule that prosecutors like to use. Don’t talk to anyone about the case - - means just that. Don’t talk about your case to your cousins, uncles, best buddy, current girl friend or step-dad.

Follow the advise that you have been given.

If you remember a fact or detail that you never mentioned to your attorney, make a note. Pass all information along to your attorney as soon as possible. If you recall that a police officer had his gun out of its holster at the time of your interrogation this may not mean much to you, but let your attorney know all facts and circumstances. She can decide how important or critical a newly remembered facts truly is.

Nothing within this portion of Gaba Law Office’s web site is intended to imply that there are any guarantees as to specific results on a particular type of case. None the less, it is true that trial Attorney Gaba continues to accept the most serious of sexual felony cases.

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