State v. Byers

Citations

• 2025 Ohio 2795

Syllabus

GROSS SEXUAL IMPOSITION — INSUFFICIENT EVIDENCE — MANIFEST WEIGHT — CREDIBILITY: The evidence was sufficient to convict defendant of gross sexual imposition because a rational trier of fact could find that the victim's testimony proved that defendant had touched the victim to achieve sexual arousal or gratification where the victim described waking up in the middle of the night to defendant licking her toes before he rubbed her breasts. Defendant's conviction for gross sexual imposition was not against the manifest weight of the evidence where the victim's testimony established that defendant touched the victim's erogenous zone to achieve sexual arousal or gratification, and the trial court found the victim credible and defendant's account of the touching incredible.