State v. Rosa

Citations

• 2019 Ohio 4888

Syllabus

Sufficiency of the evidence rape force inferred totality of the circumstances hearsay Evid.R. 803(4) medical diagnosis and treatment post-arrest silence course of investigation. - Defendant's conviction for forcible rape upheld where sufficient evidence was presented that the victim's will was overcome by fear or duress for a rational trier of fact to infer the element of force based on the totality of the circumstances and the violence the victim endured earlier. Victim's statement made to medical personnel was properly admitted pursuant to the hearsay exception in Evid.R. 803(4) because it aided in providing medical care and treatment to the victim. Detective's testimony that the defendant did not give a statement was properly admitted because it was not elicited as substantive evidence but was mentioned in the context of the detective's description of her course of investigation.