State v. Eubank

R. C. 2907.05, the statute defining the offense of gross sexual imposition, provides, in division (D), that:

“Evidence of specific instances of the defendant’s sexual activity* * * shall not be admitted under this section unless it***is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.”

R. C. 2945.59 provides that:

“In any criminal case in which the defendant’s motive or intent,…