State v. Schaim

The appellant and cross-appellant raise a number of issues for our review. The first part of the opinion discusses the issue raised by the cross-appeal, which concerns the element of force required by R.C. 2907.-02(A)(2). We agree with the court of appeals that Rhonda Schaim’s testimony does not support a conviction pursuant to R.C. 2907.02(A)(2). The second part of the opinion addresses the defendant’s appeal on the remaining charge against him, gross sexual imposition, and reverses that conviction and remands the case for a new trial because the trial court committed prejudicial error in…