State v. Hinsch

Citations

• 2024 Ohio 4984

Syllabus

ATTEMPT — SEXUAL IMPOSITION — SEXUAL CONTACT —KNOWLEDGE — SUFFICIENCY — MANIFEST WEIGHT: The State's evidence was sufficient to convict defendant of attempted sexual imposition because a rational trier of fact could find that the victim's testimony and a recorded phone call proved that defendant made a substantial step towards touching the victim's erogenous zone when he moved his hand up the victim's leg and over her buttocks through her clothes; that defendant touched the victim to sexually arouse or gratify himself because defendant moaned as he touched the victim; and that defendant knew this sexual contact was offensive to the victim, defendant's former stepdaughter, who viewed him as a father figure and froze when he touched her leg. Defendant's conviction for attempted sexual imposition was not against the manifest weight of the evidence where the victim's testimony established that defendant attempted to touch the victim's erogenous zone to sexually arouse or gratify himself despite him knowing that this would offend the victim, and the victim's testimony was corroborated by a recorded phone call played at trial.