Criminal Law Questions? Ask a Criminal Lawyer.
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I am very sorry to hear about your terrible experience.
I am afraid that I do not have good news here.
its ok, tell me anyways.
Unfortunately, if you has consensual sex with your boyfriend, regardless or not whether you have agreed to use a condom or not, there would be no crime committed, unless you told your boyfriend to stop at some point and he did not.
However, if this boyfriend, God forbid knowingly infect you with some type of STD or if you get pregnant, than he can be held civilly liable for such action or for the support for the baby.
I do take everything that you stated very seriously and reviewed your question very closely, but unfortunately, there is simply nothing criminal about this type of sexual behavior, since the sex was initiated with consent of both parties.
No, I did not tell him to stop. But why doesnt his act of deception fall into some kind of law?
Can you please also tell me your age and the age of your boyfriend?
Im 40 and he is 45. He is not my boyfriend now.
okay. I am glad that you stopped having any contact with this irresponsible and disrespectful man.
Are you looking at the laws for the state of Ohio?
Yes I am.
Unfortunately, a consent to a sexual act, would cover the type of behavior that your ex-boyfriend exhibited, but as I said, if you do suffer any health issues as a result, you can hold him civilly liable.
Does this make sense?
so in other words, because I consented, he has the right to do anything he wants and cant be held liable?
Within the scope of consent yes.
And it would be up to you to tell him to stop, if he did something that you did not like or approve.
When you reported this issue to the police, what did police advise you?
how sad. How would a jury view this type of case in your opinion if a lawyer was to take it to court?
All they said was to never contact him again and several prosecutors reviewed it, and all felt there was no case. Do you think they told me to stay away from him for my own protection? I was surprised the detective was so adamant about it. It was obvious I was going to stay away from him after what he did.
Well, because prosecutors did not see any criminal act in this incidents, it would be the same reasons why you would not have a civil recourse, unless you can show direct permanent damages to your health, as a result of his reckless actions, such as transmission of herpes or Aids.
Everything you are telling me is based on various Ohio laws I presume? In other words unless I get a disease or pregnant there is nothing I can do.
A civil recourse?
I know it doesn't appear fair, but the law is the law, and I have no way to change the law.
There generally would be no civil legal recourse, unless you suffer direct damages under Ohio law and most other states laws
A civil recourse is where I would take this to a civil court of law?
This is where you would sue for money damages in civil court.
The reason the police told you to stay away from ex, could be due to various reasons, but most likely is that they did not want to aggravate this situation by further contact and further potential issues and also they might have gotten a possible complaint against you from the ex...but there is now way to know for sure.
I dont mean to be repetative but in other words there is nothing I could do in any court system.- correct?
Correct. Not based on the facts you have stated to me. I am very sorry that you had to deal with such inconsiderate and irresponsible ex who would not respect your wishes!
Im simply trying to get closure.
I completely understand and I do hope you can recover and move on from this terrible experience that you had.
thank-you very much. You have been great. I very much appreciate your answers. Can I request you in the future?
Thank you for your kind word, the mean a world to me! You can request me in the future by starting your new questions with "This question is for Alex Esquire only".
Oh, one more thing you never answered how a jury might view a case like this?
You would not have a valid cause of action / claim in this case, if you cannot show direct damages to you, resulting from this incidents.
One more thing, you never told me how a jury might view a case like this? give me your best opinion
So, the case would be dismissed by the court, before it ever would get to the jury.
what if the damages are emotional?
They would not be actionable.
In other words, you would not have a valid claim simply based on emotional damages under the facts you have described.
I see. Its just that there are always emotional damages when it comes to inapproriate sexual misconduct, especially rape.
right, but this incident would not meet any elements of rape.
and would be considered consensual under the law.
i understand. I dont agree, but I understand.
I am very sorry, but the laws are not always fair to people.
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Your last answer was very clear- THANK-YOU