In re D.L., 70 N.E.3d 1201

Juvenile (D.L.), age 17, was charged with rape and three counts of gross sexual imposition after a second-date sexual encounter with K.M., also 17.
Encounter occurred in D.L.’s bedroom; the pair kissed, removed clothing, and engaged in brief sexual contact. K.M. testified she felt uncomfortable, thought about stopping, and ultimately said “my mom is coming,” after which D.L. stopped.
D.L. admitted some physical contact but testified he stopped when K.M. said “stop” and initially gave a recorded statement minimizing intercourse.
A SANE exam and DNA testing found a small amount of male DNA on K.M.’s underwear consistent with D.L.’s profile. K.M. told the SANE she did not want to press charges.
Juvenile court adjudicated D.L. delinquent for rape; he was committed to DYS but released on bond pending appeal. The appellate court reviewed a manifest-weight challenge to the delinquency adjudication.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the delinquency adjudication for rape was against the manifest weight of the evidence	State: victim’s testimony and DNA evidence support that D.L. engaged in nonconsensual sex	D.L.: testimony shows the encounter was consensual and he stopped when K.M. said “stop”; father’s reaction may have influenced accusation	Reversed: appellate court found the evidence did not convincingly show force or compulsion and that the adjudication was against the manifest weight of the evidence

State v. Gilkerson, 1 Ohio St.2d 103 (discussing appellate reversal on weight of the evidence)
Hnizdil v. White Motor Co., 152 Ohio St. 1 (foundational Ohio authority on appellate review)
State v. Thompkins, 78 Ohio St.3d 380 (explaining manifest-weight standard and role of appellate court as "thirteenth juror")
Tibbs v. Florida, 457 U.S. 31 (on appellate weighing of evidence)
State v. Wilson, 113 Ohio St.3d 382 (clarifying manifest-weight principles)
State v. Otten, 33 Ohio App.3d 339 (example of reversal where trier of fact lost its way)