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· 3/9/2023

State v. Haynik

Citations

  • 2023 Ohio 717

Syllabus

Rape force sufficiency of evidence manifest weight police officer's testimony. The \force\ element of R.C. 2907.02(A)(2) is demonstrated through the evidence that the force was sufficient to overcome the victim's will. A victim need not prove physical resistance to the offender in prosecutions under this statute. In this case the victim's testimony was sufficient to prove that appellant purposely compelled the victim to submit to sexual conduct by force. Furthermore, when a police officer's testimony was based on his training and experience, related to his personal observations during an investigation, and helpful to determine facts in issue, the officer's testimony was properly admitted as lay testimony under Evid.R. 701.

Judges: Sheehan

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