State v. Ford

Citations

• 182 N.E.3d 1252
• 2021 Ohio 4608

Syllabus

Gross sexual imposition erogenous zones motion to dismiss the indictment. In filing a motion to dismiss the gross sexual imposition counts involving the minor victim's neck and hip, appellee essentially asked the trial court to dismiss these charges without affording the state an opportunity to produce evidence regarding the manner and nature of the touching to prove that these body parts can be perceived by the offender, the victim, or a reasonable person as sexually arousing or gratifying and that they were touched for such sexual purposes. While the neck and hip of a male body may not be inherently sexual, the state should be allowed to produce evidence regarding the circumstances and context of the touching to prove these are erogenous zones touched for sexual arousal or gratification purposes. Appellee's argument in support of a dismissal based on his claim that the hip and neck of a male body is not an erogenous zone as a matter of law is without merit.