In re K.S.

Citations

• 2026 Ohio 79

Syllabus

Sufficiency; Manifest Weight of the Evidence; Rape; R.C. R.C. 2907.02(A)(1)(b); Confrontation Clause; Evid.R. 803(4); Child Competency; Evid.R. 807; Remote Testimony; R.C. 2152.81; Harmless Error; Ineffective Assistance of Counsel. The adjudicated delinquent child-appellant's rape adjudications are based on sufficient evidence and are not against the manifest weight of the evidence. Because the child victim's statements in a Child Advocacy Center (\CAC\) interview were primarily for medical diagnosis, they were admissible under Evid.R. 803(4) and were nontestimonial for purposes of the Confrontation Clause. As to the admission of any arguably testimonial evidence, since it was a bench trial, it is presumed that the trial court did not consider any inadmissible evidence for any purpose. Because the child victim's CAC interview was admissible under Evid.R. 803(4), no separate competency determination was required under Evid.R. 807. The trial court erred by concluding that R.C. 2152.81 automatically requires remote testimony based on the age of the witness; however, such error was harmless. The adjudicated delinquent child-appellant's trial counsel was not ineffective.