State v. Barnes

The sole, question for review is whether under R. C. 2941.25(B)2, entry into two bodily orifices constitutes two separate rape offenses of the same or similar kind for both of which a defendant may be convicted.

In Ohio, either vaginal intercourse or fellatio constitutes separate sexual conduct, each punishable as rape under R. C. 2907.01(A). See footnote 1.

With reference to the application of division (B) of R. C. 2941.25, the Court of Appeals determined that the sexual conduct of each defendant did not constitute “two* * * offenses of the same kind committed separately or with a separate…