State v. McCleery

Citations

• 2024 Ohio 5760

Syllabus

Gross Sexual Imposition; Manifest Weight; Sufficient Evidence; Motion in Limine; Hearsay; Abuse of Discretion. To obtain a conviction for gross sexual imposition, the State must prove that the defendant had or caused another to have sexual contact. R.C. 2907.01 defines sexual contact, in part, as acting for the purpose of sexual arousal or gratification. Under Evid.R. 803(4), statements made for the purpose of medical diagnosis or treatment are not excluded under the general rule that renders hearsay inadmissible. The exception in Evid.R. 803(4) applies to statements made to therapists during the course of mental health treatment.