State v. Dye

[This opinion has been published in Ohio Official Reports at 82 Ohio St.3d 323.] THE STATE OF OHIO, APPELLANT, v. DYE, APPELLEE. [Cite as State v. Dye,

1998-Ohio-234.] Criminal law—Rape—Degree of force and violence necessary to commit crime of rape of a child varies, when—Under totality of circumstances, person who stands in same position over a child as a parent may be convicted of rape of a child under thirteen with force pursuant to R.C. 2907.02A)(1)(b) and (B) without evidence of express threat of harm or evidence of significant physical restraint. A person in a position of authority over…