2012 Ohio 4911
Ohio Ct. App.2012Background
- Juvenile court found C.D.B. and T.E.B. abused children under R.C. 2151.031 due to sexual activity involving Mother and Stepfather.
- Mother admitted or was shown to have engaged in sexually related conduct with Son, including touching and exposing; Son testified to these acts.
- Mother and Stepfather’s conduct included binding Son with duct tape and placing a bra on him; photos were posted on social media.
- Family Services investigated and filed a complaint March 23, 2012 asserting abuse, neglect, and dependency.
- Juvenile court held hearings May 10 and May 31, 2012, receiving testimony from Son, Stepfather, a Family Services investigator, and a detective.
- On June 15, 2012, the court ordered temporary custody of Son and Daughter to Father and adjudicated the Children as abused.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether duct-taping incidents constitute sexual abuse | Mother contends no clear and convincing evidence of a criminal offense and abuse. | Mother argues the evidence does not show sexual abuse beyond weight of the evidence. | Abuse affirmed; evidence supports sexual activity and gross sexual imposition. |
| Whether the court properly found the mother abused the children | Mother challenges the sufficiency/weight of evidence of abuse by mother. | Mother asserts lack of clear and convincing proof of abuse by mother. | Abuse finding affirmed; mother’s conduct supported under R.C. 2151.031(A). |
Key Cases Cited
- In re A.C., 2010-Ohio-4933 (Ohio 2010) (clear and convincing standard for abused child; appellate review of weight)
- In re G.S., 2006-Ohio-2530 (Ohio 2006) (clear and convincing standard; credibility of witnesses primarily for fact-finder)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (standard of proof intermediate between preponderance and beyond reasonable doubt)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility and weight of evidence determined by trial court's observations)
- In re A.W., Za.W., H.W., 2004-Ohio-5351 (Ohio 2004) (analysis of sexual activity under R.C. 2151.031; corroborating elements)
- In re S.S., 2011-Ohio-4081 (Ohio 2011) (inference of sexual intent from conduct and context)
- In re J.F., 2012-Ohio-2191 (Ohio 2012) (credibility and sufficiency in sexual abuse findings)
- In re Whitlock, 2008-Ohio-4672 (Ohio 2008) (touching erogenous zones as strong evidence of sexual purpose)