State v. Johnson

The sole issue before us is whether the evidence presented in the case sub judice would have reasonably supported a conviction for the offense of gross sexual imposition, R.C. 2907.05(A)(3),1 as a lesser included offense of rape, former R.C. 2907.02(A)(3),2 thus requiring a charge to the jury on such offense. For the reasons which follow, we answer such query in the negative and reverse the judgment of the court of appeals.

The terms “sexual conduct” and “sexual contact” are defined in R.C. 2907.01, as follows:

“As used in sections 2907.01 to 2907.37 of the Revised Code:

“(A) ‘Sexual conduct’…