State v. Washington

Citations

• 214 N.E.3d 1188
• 2023 Ohio 1667

Syllabus

R.C. 2907.02(A)(1)(b) rape of a child under age 10 anal rape penetration force pseudo-parental relationship jury instructions Crim.R. 30(A) Crim.R. 52(B) plain error references to alleged victim as the victim Ohio Constitution, Art. I, Sec. 9 United States Constitution, Eighth Amendment life without parole cruel and unusual punishment. The evidence presented at trial was sufficient to establish the penetration and force elements of each of the rape counts of which defendant was convicted. Defendant's rape convictions were not against the manifest weight of the evidence. Trial court properly instructed the jury regarding force in the context of a pseudo-parental relationship. Adversarial process was not undermined and defendant was not otherwise prejudiced as a result of limited usages of the term \victim\ to refer to the alleged victim by the trial judge at the beginning of voir dire, by the assistant prosecuting attorney during voir dire and in opening statement and by a detective when referencing evidence labels. Defendant was not denied the effective assistance of counsel based on trial counsel's failure to object to or request additional jury instructions regarding the use of force and failure to object to the trial judge's, assistant prosecuting attorney's and detective's limited references to the alleged victim as the victim. Sentence of life without parole for rape of a child under the age of ten was not cruel and unusual punishment.