State v. Jordan

Citations

• 2022 Ohio 1512

Syllabus

SEXUAL IMPOSITION — R.C. 2907.06(A)(2) — SUFFICIENCY — KNOWLEDGE — SUBSTANTIAL IMPAIRMENT: Defendant's conviction for sexual imposition in violation of R.C. 2907.06(A)(2) was not supported by sufficient evidence because the state failed to produce evidence that defendant knew that the victim's ability to appraise the nature of or control of defendant's conduct was substantially impaired where no witnesses testified that the victim's disability was self-evident, the victim's testimony did not suggest her cognitive disability was discernable, and defendant did not provide medical treatment or have access to the victim's medical records as the residential facility night supervisor. [But see DISSENT: The evidence adduced by the state showed that defendant used his role as a residential-facility supervisor to lure a blind, cognitively-impaired victim into his office under the pretense of his concern for the victim's physical health, and that once he got the victim into a state of undress, he engaged her in sexual contact therefore, sufficient evidence exists to uphold the defendant's conviction for sexual imposition under R.C. 2907.06(A)(2)]