State v. George

Citations

• 235 N.E.3d 1086
• 2024 Ohio 471

Syllabus

Rape GSI sufficiency jury instruction stepfather force alternative definition of force sexual battery. It is undisputed appellant engaged in sexual activities with 18-year-old M.B., whose mother and appellant were married for six years, and the issue at trial was whether the state proved the element of force to sustain convictions for rape and gross sexual imposition. While M.B.'s testimony might have indicated some degree of physical force was used by appellant, the trial court instructed the jury that the element of force can also be proven by evidence that the victim's will was overcome by fear or duress alone. The jury instruction was given in error because the alternative definition of force does not apply to an adult child pursuant to Supreme Court of Ohio precedent. The erroneous jury instruction was prejudicial and deprived appellant of a fair trial because it allowed the jury to convict appellant with less evidence for force, especially where the victim's testimony was equivocal on the issue in this case. Appellant's conviction of rape and GSI are therefore reversed and the case is remanded for a new trial. Furthermore, appellant's conviction of sexual battery under R.C. 2907.03(A)(5), Ohio's incest statute, is reversed due to insufficient evidence because the stepfather-stepchild relationship had dissolved as a result of appellant's divorce from M.B.'s mother.