Ohio Rev. Code » Chapter 2907
Ohio Revised Code

Ohio Rev. Code § 2907.02 (2026)

Rape

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Effective:
March 21, 2025
Latest Legislation:
House Bill 161 (GA 135), Senate Bill 109 (GA 135), House Bill 343 (GA 134)
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(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.

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated January 29, 2025 at 3:26 PM

Notes of Decisions
Cited in 3,162 cases (1,038 in the last 5 years), 1955–2026 · leading case: In re D.B., 2011-Ohio-2671, 129 Ohio St. 3d 104.
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In re D.B., 2011-Ohio-2671, 129 Ohio St. 3d 104. · cites it 38× “{¶ 14} R.C. 2907.02(A)(1) provides: {¶ 15} “No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies: {¶ 16} “ * * * {¶…”
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. · cites it 25× “{¶ 43} This court noted that its holding will not apply when rape charges are brought under other subsections of R.C. 2907.02(A) and additional elements are present, such as when the other person’s ability to resist or consent was impaired or when the offender used force.”
State v. Stevens, 2016-Ohio-446. · cites it 16× “R.C. 2907.02 sets forth the offense of rape and provides, in pertinent part: (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of…”
State v. Louis, 2016-Ohio-7596, 73 N.E.3d 917. · cites it 28× “{¶67} R.C. 2907.02 does not contain multiple degrees of rape offenses; any violation of the section is a felony of the first degree.”
State v. Bowers, 2018-Ohio-30, 102 N.E.3d 1218. · cites it 54× “03(B)(1) provides, [I]f a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, if division (A) of this section does not apply regarding the person, and if the court does not…”
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. · cites it 9× “Count Two charged Adams with rape (R.C. 2907.02(A)(2)), with a violent- sexual-predator specification under R.”
State v. Armengau, 2017-Ohio-4452, 93 N.E.3d 284. · cites it 12× “) Based on those transformations, appellant now asserts that he ultimately was tried (albeit acquitted) for the crime of rape through induced intoxication, R.C. 2907.02(A)(1)(a), when the indictment charged rape through submission by force or threat of force, R.”
State v. Minton, 2016-Ohio-5427, 69 N.E.3d 1108. · cites it 18× “Ohio’s Rape Shield Law {¶16} In his assignments of error one through four, Minton contends that the trial court erred and violated R.C. 2907.02 and his Sixth Amendment rights when it restricted his ability to cross-examine the victim and to present other witnesses to testify…”
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. · cites it 15× “These charges included two counts of rape in violation of R.C. 2907.02(A)(2), felonies of the first degree, with one of these counts carrying a firearm specification under R.”
State v. Carswell, 2021-Ohio-3379. · cites it 23× “02(A)(1)(b), not R.C. 2907.02(A), so the charge did not include a “compel by force” element.”
State v. Setty, 2014-Ohio-2340. · cites it 17× “2012-CR-0068 on six counts of rape in violation of R.C. 2907.02(A)(1)(b), with three of those counts specifying that the victim was less than 10 years of age, one count of attempted rape in violation of R.”
State v. Petty, 2017-Ohio-1062. · cites it 11× “{¶ 2} On July 16, 2014, appellant was indicted on one count of rape, in violation of R.C. 2907.02, and one count of importuning, in violation of R.”
Show all 3,162 citing cases →
Ohio Rev. Code § 2907.02(02): 1 case
State v. Short, 2015-Ohio-3183.
Ohio Rev. Code § 2907.02(2): 1 case
State v. Herns, 2023-Ohio-4714, 232 N.E.3d 285.
Ohio Rev. Code § 2907.02(A): 87 cases
State v. Johnson, 858 N.E.2d 1144 (Ohio 2006).
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. “{¶ 43} This court noted that its holding will not apply when rape charges are brought under other subsections of R.C. 2907.02(A) and additional elements are present, such as when the other person’s ability to resist or consent was impaired or when the offender used force.”
Michael Stansell v., 828 F.3d 412 (6th Cir. 2016).
State v. Carswell, 2021-Ohio-3379. “02(A)(1)(b), not R.C. 2907.02(A), so the charge did not include a “compel by force” element.”
State v. Astley, 523 N.E.2d 322 (Ohio Ct. App. 10th Dist. 1987).
Ohio Rev. Code § 2907.02(A)(1): 115 cases
State v. Williams, 2012-Ohio-5699, 983 N.E.2d 1245.
State v. Cooey, 544 N.E.2d 895 (Ohio 1989).
State v. Petty, 2017-Ohio-1062. “{¶ 2} On July 16, 2014, appellant was indicted on one count of rape, in violation of R.C. 2907.02, and one count of importuning, in violation of R.”
State v. Smith, 517 N.E.2d 933 (Ohio Ct. App. 5th Dist. 1986).
State v. Winn, 2009-Ohio-1059, 905 N.E.2d 154.
Ohio Rev. Code § 2907.02(A)(1)(2): 5 cases
State v. Burton, 2014-Ohio-1692.
State v. Horn, 2018-Ohio-779, 108 N.E.3d 158.
State v. Hill, 2015-Ohio-5166.
State v. Wallace, 2011-Ohio-1728.
State v. Lawson, 2018-Ohio-4673.
Ohio Rev. Code § 2907.02(A)(1)(3): 1 case
State v. Combs, 834 N.E.2d 869 (Ohio Ct. App. 11th Dist. 2005).
Ohio Rev. Code § 2907.02(A)(1)(A): 1 case
State v. Fricke, 2016-Ohio-2747.
Ohio Rev. Code § 2907.02(A)(1)(B): 25 cases
State v. Leonard, 2013-Ohio-1446.
State v. Moore, 2019-Ohio-1671.
State v. Cox, 2013-Ohio-4941.
State v. Williams, 2022-Ohio-2245.
State v. Rogers, 2018-Ohio-1073.
Ohio Rev. Code § 2907.02(A)(1)(B)(b): 1 case
State v. Williams, 2022-Ohio-2245.
Ohio Rev. Code § 2907.02(A)(1)(C): 8 cases
State v. Brown, 2017-Ohio-1114.
State v. Fricke, 2016-Ohio-2747.
State v. Robinson, 2012-Ohio-1686.
State v. Kimbrough, 2019-Ohio-2561.
In re E.M.P., 2024-Ohio-237.
Ohio Rev. Code § 2907.02(A)(1)(C)(4): 1 case
State v. Martin, 2020-Ohio-291.
Ohio Rev. Code § 2907.02(A)(1)(a): 43 cases
State v. Jones, 2017-Ohio-1168.
State v. Armengau, 2017-Ohio-4452, 93 N.E.3d 284. “) Based on those transformations, appellant now asserts that he ultimately was tried (albeit acquitted) for the crime of rape through induced intoxication, R.C. 2907.02(A)(1)(a), when the indictment charged rape through submission by force or threat of force, R.”
State v. Fricke, 2016-Ohio-2747.
State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 6th Dist. 2011).
State v. Jeffries (Slip Opinion), 2020-Ohio-1539, 156 N.E.3d 859.
Ohio Rev. Code § 2907.02(A)(1)(b): 1194 cases
In re D.B., 2011-Ohio-2671, 129 Ohio St. 3d 104. “{¶ 14} R.C. 2907.02(A)(1) provides: {¶ 15} “No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies: {¶ 16} “ * * * {¶…”
In re D.S. (Slip Opinion), 2017-Ohio-8289, 93 N.E.3d 937. “{¶ 43} This court noted that its holding will not apply when rape charges are brought under other subsections of R.C. 2907.02(A) and additional elements are present, such as when the other person’s ability to resist or consent was impaired or when the offender used force.”
State v. Louis, 2016-Ohio-7596, 73 N.E.3d 917. “{¶67} R.C. 2907.02 does not contain multiple degrees of rape offenses; any violation of the section is a felony of the first degree.”
State v. Setty, 2014-Ohio-2340. “2012-CR-0068 on six counts of rape in violation of R.C. 2907.02(A)(1)(b), with three of those counts specifying that the victim was less than 10 years of age, one count of attempted rape in violation of R.”
State v. Carswell, 2021-Ohio-3379. “02(A)(1)(b), not R.C. 2907.02(A), so the charge did not include a “compel by force” element.”
Ohio Rev. Code § 2907.02(A)(1)(b)(B): 18 cases
State v. Thomas, 2020-Ohio-633.
State v. Anthony, 2021-Ohio-1755.
State v. Skidmore, 2010-Ohio-2846.
State v. Wood, 2023-Ohio-2045.
State v. Johnson, 2017-Ohio-7702.
Ohio Rev. Code § 2907.02(A)(1)(c): 251 cases
State v. Stevens, 2016-Ohio-446. “R.C. 2907.02 sets forth the offense of rape and provides, in pertinent part: (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of…”
State v. Hines, 2018-Ohio-1780, 112 N.E.3d 10.
State v. Kaufhold, 2020-Ohio-3835.
State v. Horn (Slip Opinion), 2020-Ohio-960, 152 N.E.3d 241.
State v. York, 2022-Ohio-1626.
Ohio Rev. Code § 2907.02(A)(1)(c)(B): 4 cases
State v. Dennison, 2022-Ohio-1961.
State v. Robinson, 2012-Ohio-1686.
State v. Triplett, 2018-Ohio-5200.
State v. Zecher, 2011-Ohio-2630.
Ohio Rev. Code § 2907.02(A)(1X2): 1 case
State v. Crago, 4 Ohio App. Unrep. 475 (Ohio Ct. App. 11th Dist. 1990).
Ohio Rev. Code § 2907.02(A)(2): 1215 cases
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “Count Two charged Adams with rape (R.C. 2907.02(A)(2)), with a violent- sexual-predator specification under R.”
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. “These charges included two counts of rape in violation of R.C. 2907.02(A)(2), felonies of the first degree, with one of these counts carrying a firearm specification under R.”
State v. Sowell (Slip Opinion), 2016-Ohio-8025, 71 N.E.3d 1034.
State v. Kirkland (Slip Opinion), 2014-Ohio-1966, 15 N.E.3d 818.
State v. Johnson, 858 N.E.2d 1144 (Ohio 2006).
Ohio Rev. Code § 2907.02(A)(2)(B): 27 cases
State v. Thomas, 2020-Ohio-633.
State v. Williams, 2015-Ohio-4100.
State v. Hansen, 2012-Ohio-4574.
State v. Morgan, 2014-Ohio-2625.
State v. Perkins, 2022-Ohio-2841.
Ohio Rev. Code § 2907.02(A)(2)(b): 3 cases
State v. Obhof, 2023-Ohio-408.
State v. Perkins, 2022-Ohio-2841.
Obhof v. May, No. 1:23-cv-02000 (N.D. Ohio Apr. 18, 2025).
Ohio Rev. Code § 2907.02(A)(3): 26 cases
State v. Gingell, 455 N.E.2d 1066 (Ohio Ct. App. 1st Dist. 1982).
State v. Astley, 523 N.E.2d 322 (Ohio Ct. App. 10th Dist. 1987).
State v. Johnson, 522 N.E.2d 1082 (Ohio 1988).
State v. Madden, 472 N.E.2d 1126 (Ohio Ct. App. 12th Dist. 1984).
State v. Eskridge, 526 N.E.2d 304 (Ohio 1988).
Ohio Rev. Code § 2907.02(A)(4): 2 cases
State v. Smith, 2018-Ohio-4615.
State v. Martin, 2013-Ohio-87.
Ohio Rev. Code § 2907.02(A)(5): 4 cases
State v. Tegarty, 2023-Ohio-1369.
State v. Smith, 2023-Ohio-1613.
State v. Wolfe, 2024-Ohio-4861.
State v. Beeker, 2022-Ohio-1430.
Ohio Rev. Code § 2907.02(A)(7): 1 case
State v. Rober, 2015-Ohio-5501.
Ohio Rev. Code § 2907.02(A)(B)(3): 1 case
State v. Clemons, 2011-Ohio-1177.
Ohio Rev. Code § 2907.02(A)(l): 1 case
State v. Smith, 517 N.E.2d 933 (Ohio Ct. App. 5th Dist. 1986).
Ohio Rev. Code § 2907.02(A)(l)(b): 1 case
Patterson, No. 3:25-cv-00254 (S.D. Ohio Oct. 17, 2025).
Ohio Rev. Code § 2907.02(A)(l)(b)(2): 1 case
State v. Chaney, 862 N.E.2d 559 (Ohio Ct. App. 3d Dist. 2006).
Ohio Rev. Code § 2907.02(B): 188 cases
State v. Bowers, 2018-Ohio-30, 102 N.E.3d 1218. “03(B)(1) provides, [I]f a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, if division (A) of this section does not apply regarding the person, and if the court does not…”
State v. Setty, 2014-Ohio-2340. “2012-CR-0068 on six counts of rape in violation of R.C. 2907.02(A)(1)(b), with three of those counts specifying that the victim was less than 10 years of age, one count of attempted rape in violation of R.”
State v. Louis, 2016-Ohio-7596, 73 N.E.3d 917. “{¶67} R.C. 2907.02 does not contain multiple degrees of rape offenses; any violation of the section is a felony of the first degree.”
State v. Mack, 2023-Ohio-4374.
State v. Warren, 118 Ohio St. 3d 200 (2008).
Ohio Rev. Code § 2907.02(B)(3): 3 cases
State v. Moore, 2014-Ohio-1123.
State v. Baker, 2013-Ohio-900.
State v. Baker, 2013-Ohio-2553.
Ohio Rev. Code § 2907.02(B)(4): 2 cases
State v. Moore, 2014-Ohio-1123.
State v. Baker, 2013-Ohio-900.
Ohio Rev. Code § 2907.02(C): 31 cases
State v. Jones, 2013-Ohio-150.
State v. Stevens, 2016-Ohio-446. “R.C. 2907.02 sets forth the offense of rape and provides, in pertinent part: (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of…”
State v. Roberson, 2017-Ohio-4339.
State v. Boyd, 2022-Ohio-3523, 198 N.E.3d 514.
State v. Freeman, 2021-Ohio-734.
Ohio Rev. Code § 2907.02(D): 165 cases
State v. Armengau, 2017-Ohio-4452, 93 N.E.3d 284. “) Based on those transformations, appellant now asserts that he ultimately was tried (albeit acquitted) for the crime of rape through induced intoxication, R.C. 2907.02(A)(1)(a), when the indictment charged rape through submission by force or threat of force, R.”
State v. Stuart, 2020-Ohio-3239.
State v. Ferguson, 450 N.E.2d 265 (Ohio 1983).
State v. Williams, 487 N.E.2d 560 (Ohio 1986).
State v. Minton, 2016-Ohio-5427, 69 N.E.3d 1108. “Ohio’s Rape Shield Law {¶16} In his assignments of error one through four, Minton contends that the trial court erred and violated R.C. 2907.02 and his Sixth Amendment rights when it restricted his ability to cross-examine the victim and to present other witnesses to testify…”
Ohio Rev. Code § 2907.02(D)(2): 1 case
State v. Davis, 2022-Ohio-3921.
Ohio Rev. Code § 2907.02(E): 35 cases
State v. Nguyen, 2013-Ohio-3170.
State v. Boles, 932 N.E.2d 345 (Ohio Ct. App. 2d Dist. 2010).
State v. Burgess, 833 N.E.2d 352 (Ohio Ct. App. 2d Dist. 2005).
State v. Smith, 517 N.E.2d 933 (Ohio Ct. App. 5th Dist. 1986).
State v. Kaufman, 2010-Ohio-1536, 931 N.E.2d 143.
Ohio Rev. Code § 2907.02(F): 1 case
State v. Fenton, 588 N.E.2d 951 (Ohio Ct. App. 6th Dist. 1990).
Ohio Rev. Code § 2907.02(a)(1)(B): 1 case
In re T.A., 2012-Ohio-3174.
Ohio Rev. Code § 2907.02(a)(1)(b): 1 case
Jones v. Attorney Gen. for the State of Ohio, No. 3:22-cv-00352 (S.D. Ohio Feb. 13, 2024).
Ohio Rev. Code § 2907.02(a)(2): 2 cases
State v. Mitchell, 2022-Ohio-3713.
In re L.F., 2019-Ohio-304.
Ohio Rev. Code § 2907.02(b): 1 case
Fleming, Mark Alexander, 455 S.W.3d 577 (Tex. Crim. App. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.