Ohio Ban on Police-Minor Sex Lifted for a Mole

Matthew T. Mole, Highland Heights Patrolman who had sex with a minor. Caption: Imagine coming home one night to find this guy impaled on your 14-year-old child AND it turns out that when you call the police, HE responds. Oops. Image Credit: The Simon Wiesenthal Center

By C J Oakes, July 30, 2016

As if there was any doubt that there is one law for the public and another for officials, the State of Ohio is releasing a convicted pedophile Police Officer. On Thursday, July 28, 2016, the case of Ohio v. Matthew T. Mole was heard and ruled upon. In a divided opinion, the Supreme Court of Ohio overturned the conviction on the strangest of ground: They ruled a ban on Police-Minor sex to be unconstitutional. This clearly means it is open season on your children if you live in Ohio–Police pedophiles are welcome to do as they wish.

What Happened in the Case of Matthew T. Mole?

The Waite Hill police officer, Matthew Mole had struck up a friendship with a teenager online. He believed the boy to be older, but for anyone familiar with the law, this is no excuse. In time, the 14-year old boy offered to have Mole to his Richmond Heights home for sex. He was unaware that Mole was a police officer; not that it mattered–statutory rape is statutory rape. Right?

The boy’s mother came home late and on entering her sons room, found the boy with Mole impaled in his anus. Yes, they were having gay sex and she caught them in the act. She phoned the police and Mole was arrested in her home. That is powerful evidence. Enough for a conviction. Indeed.

But there was a snag.

The Prosecution relied on an Ohio law, R.C. 2907.03(A)(13)  in pursuing the case against Patrolman Mole. That statute states,

“No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply: … The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.”

Technicalities Suck…Unless it is a Police Officer Engaged in the Sucking

Matthew T. Mole, Highland Heights Patrolman who had sex with a minor. Caption: Imagine coming home one night to find this guy impaled on your 14-year-old child AND it turns out that when you call the police, HE responds. Oops. Image Credit: The Simon Wiesenthal Center
Imagine coming home one night to find this guy impaled on your 14-year-old child AND it turns out that when you call the police, HE responds. Oops. Image Credit: The Simon Wiesenthal Center

For decades, police and other officials have bemoaned the fact that at times, criminals “get off” on technicalities of the law. Of course, in this case, Matthew Mole is likely happy he “got off” (though it is quite likely that having been caught in the act, he already failed to get off once already. But as for the child-raising public, this news is very disturbing.

As with any criminal case, Moles attorney’s Richard J. Perez provided a vigorous defense. It proved to be a brilliant defense, as terrible as that sounds. The defense involved challenging the law itself. The irony is that whereas the law was designed to protect the public from rogue police officers who used their authority over others to commit crime, the result was quite the reverse.

The Appellate Court of Ohio, 8th District had earlier overturned the conviction of Matthew T. Mole on the grounds that the law already forbids sex with minors–to single out any profession is unconstitutional. However, wheras the law refers to “peace officer,” the definitions provide that this includes teachers, coaches, park rangers, and really, anyone holding official authority over minors. Thus, the law patently DOE NOT discriminate against a particular profession such as police.

Whiny-Ass Police Officers Seem to be Ruling America

There. I said it. Across the nation, police officers are killing people without nary a thought. Prosecutors hesitate to bring charges and when they do, juries aquit. Police have been crying for decades that they do not have the tools needed to fight crime. Police have been crying about how criminals get away because good defense attorney’s do their job and lawmakers fail to do theirs. It would seem that the police are learning. The fault is not theirs–they are human too. They are just as prone to the failings of the human condition as the rest of us. It is just not fair that they be held to a higher standard.

At least, that appears to be the message the courts and law makers are sending.

So, if you are a coach, a teacher, or any kind of authority in the State of Ohio and you have been eyeballing that cute cheerleader or half-back, go to it. According to the law, according to the Supreme Court of Ohio, you ARE an exception. You CAN have sex with minors and get away with it.

The irony is that had legislators NOT singled out “peace officers” in Ohio Revised Code 2907, Matthew T. Mole and other moles burrowing into the sheets and bodies of your children would be convicted. Good luck Ohio.

Oh, and it you are a pedophile in the state of Ohio, forget working in fast food–the Police Department is the way to go. Have fun. I’ll be sure to write about you later.

Official Information Regarding the Case of Matthew T. Mole:

2013-1619:  State of Ohio v. Matthew T. Mole. Jurisdictional Appeal

Read the Official Opinion: Slip Opinion No. 2016-Ohio-5124

What Are We to do About Police and Official Corruption America?

Now, in reference to the Defense Attorney Perez, it should be noted that he was doing his job as the law requires him to do. He is in no way culpable in this travesty of justice. The high Courts did their job in interpreting the law, though in this case, the motives of some are very questionable. Still, it is the lawmakers of Ohio and the individual Matthew T. Mole who have failed the people. The guilt rests with them.

Ohio state welcome sign, along US Route 30, en...
Welcome to Ohio. Watch your children closely. Ohio state welcome sign, along US Route 30, entering from Indiana. (Photo credit: Wikipedia)

As for police. There are plenty of excellent police officers nationwide and surely in Ohio. Those who made the arrest, for instance. They could have brought Mole in and not written the case–it happens–you know, that Thin Blue Line? They did not. They did their job and arrested one of their own. That could not have been easy and kudos to them.

However, there does appear to be a growing number of police and other officials engaging in official misconduct. It has been said that “Power tends to corrupt.” Indeed. It cannot be easy to strap on a badge then be expected to always be perfect. Yet, becoming a police officer is a choice. If one cannot handle the power, one should seek other employment.

But in the case of Matthew T. Mole, his power as a police officer had nothing to do with this case. He was simply a guy engaging in what he believed was consensual sex. As it turned out, it was a minor he had sex with and this is statutory rape hands down. His role as a “peace officer” should not even play into the case. He was not there in that function and did not use his position to seduce the child. Even still, according to the state of Ohio, he could have. And that is what is so disconcerting.

I write for Law Firms nationwide. I write defense arguments and content related to sex crimes in various states. I can tell you that many states have similar laws. If this case is let to stand, it will send a message to anyone so inclined that there IS a double standard for the public and police. This, at a time when police corruption is rampant. If this case does not go to the United States Supreme Court and receive a judgment favorable to the public, we can only expect to see police corruption increase.

If you are reticent to get involved in any of the movements now working to curb such corruption. Share this post with others in your social media networks. Demand that our elected representatives do their jobs sensibly. Demand too that officials holding power over the public be held to a higher, not lower standard. And remember this: If you do nothing, your child could be next. Share now using the buttons below. Do that at least.

President, Publisher at Oakes Media Group
C J Oakes is an author and freelance writer from Lubbock, TX, USA. In addition to this website, he operates OakesWriting.com and BuyLocalLubbock.com.

As an author, he has numerous books to his credit including the best-selling Survive and Thrive After the Collapse of the Dollar series. In addition, he has written over a hundred books for clients since 2011 and has created innumerable web pages for law firms and others worldwide.

Passionate about Justice, Mr. Oakes believes that the scales of justice are never balanced, but it is the duty of each citizen to do their part to re-calibrate the scales as needed. When the scales of justice shift too far to one side, they must be returned a near as possible to center.

He built this site with the goal of helping students of criminal justice understand how to apply the principles needed for re-calibrating the scales as well as providing easy access to needed study resources.

Criminal Justice Law International welcomes guest posts and anyone interested in contributing to the goals of the site.

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