State v. Bevly

{¶ 1} This case involves a challenge to the constitutionality of R.C. 2907.05(C)(2)(a), a subsection of the statute defining “gross sexual imposition,” which subjects an offender to a mandatory prison term when evidence other than the testimony of the victim is admitted in the case corroborating the violation. We hold that the corroborating-evidence provision lacks a rational basis for distinguishing between cases on the basis of the presence or the absence of corroborating evidence and violates the due-process protections of the Fifth and Fourteenth Amendments to the United States…