State v. Dew

Citations

• 2024 Ohio 69

Syllabus

Rape rape-shield law R.C. 2907.02(D) confrontation Boggs hearing sufficiency age Crim.R. 33 recanting communications. - Sufficient evidence was presented supporting defendant's conviction for rape of a child under the age of 13. Viewing the victim's testimony in favor of the state, a rational trier of fact could find that the testimony demonstrated that at the time of the rape, the victim was less than 13 years of age. Trial court did not abuse its discretion in finding, after a Boggs hearing, that the defendant failed to prove that the victim's prior allegations of sexual activity were fabrications or totally unfounded the evidence fell within R.C. 2907.02(D) protection and thus, not admissible under the rape-shield statute. Defendant's Crim.R. 33 motion for a new trial was properly denied because no direct evidence was presented that the victim recanted her testimony or accusations the source of the evidence was from the sworn testimony of two individuals who believed they received communications from the victim.