State v. Fears

Citations

• 2017 Ohio 6978

Syllabus

Gross sexual imposition R.C. 2907.05(A)(4) sexual gratification hearsay Evid.R. 803(4) medical diagnosis and treatment therapist social worker ineffective assistance of counsel sufficiency manifest weight of the evidence. The trial court did not abuse its discretion in permitting the child's therapist and the social worker to testify concerning the child's statements. The statements were made for the purposes of medical diagnosis and treatment and therefore fall within the hearsay exception outlined in Evid.R. 803(4). Trial counsel was not ineffective for failing to object to the social worker's testimony concerning a purported prior incident of sexual abuse where the defendant failed to demonstrate material prejudice. The defendant's conviction for gross sexual imposition in violation of R.C. 2907.05(A)(4) was supported by sufficient evidence where the factfinder inferred from the evidence that the defendant's contact with the child victim was for the purposes of sexual gratification. The conviction was not against the manifest weight of the evidence.