State v. Sanchez-Sanchez

Citations

• 201 N.E.3d 323
• 2022 Ohio 4080

Syllabus

Rape R.C. 2907.02(A)(1)(b) sexual conduct R.C. 2907.01(A) vagina labia vulva anatomy knowledge of minor insertion penetration force or threat of force R.C. 2971.03(B)(1)(C) gross sexual imposition R.C. 2907.05(A)(4) sexual contact R.C. 2907.01(B) illegal use of minor in nudity-oriented material R.C. 2907.323(A)(1) nudity R.C. 2907.01(H) nude photos naked photographs vague and ambiguous testimony sufficiency of the evidence victim testimony corroboration Crim.R. 29 motion for acquittal manifest weight of the evidence structural error judicial bias jury selection voir dire Confrontation Clause hearsay ineffective assistance of counsel failure to object plain error cumulative error. There was insufficient evidence to sustain a conviction for illegal use of a minor in nudity-oriented material or performance. The minor female testified that the defendant asked her for \naked pictures.\ She said she sent him photographs that showed her face, which she took while she was completely naked. The photographs were not nudity-oriented material unless they depicted one of the body parts enumerated in the statutory definition of \nudity.\ The state did not elicit any testimony about what body parts — beyond the minor's face — were depicted in the photographs, which were not admitted into evidence. The minor's testimony would be equally consistent with a description of photographs that did not depict nudity. We affirmed the defendant's convictions for rape and gross sexual imposition, which were supported by sufficient evidence and were not against the manifest weight of the evidence. The defendant argued that the victim may not have known enough about anatomy to differentiate her vagina from other genital structures, but it is well-settled that if the force of an object — like a finger — causes a victim's labia to spread, that is sufficient penetration to constitute \sexual conduct\ under the statute it is not necessary for an object to penetrate into the vagina. There was suffici