State v. A.H., 2017 Ohio 7680

Appellant A.H. was indicted on four counts of rape for sexual abuse of two children (A.G., under 13; B.G., teen) occurring between June 2014 and February 2015.
Victims and their mother (T.G.) testified at trial: A.G. and B.G. described penile, digital, and oral sexual acts; T.G. admitted observing and participating in abuse and pled guilty to related counts in exchange for a sentencing recommendation and agreed-to consequences.
Forensic interviewers (Nationwide Children’s Hospital and a licensed social worker) corroborated the victims’ accounts given shortly after disclosure.
Appellant denied the allegations at trial; the jury convicted him on all four counts (two counts life without parole; two counts 11 years; some terms ordered consecutive).
Appellant appealed; counsel filed an Anders brief identifying two potential issues: sufficiency/manifest weight of the evidence and refusal to instruct on sexual battery as a lesser-included offense for counts involving B.G.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Sufficiency and manifest weight of evidence for rape convictions	State: victims’ testimony, mother’s corroboration, and forensic interviews suffice to prove sexual conduct and force beyond a reasonable doubt	A.H.: convictions lack sufficient evidence and are against manifest weight	Affirmed: evidence sufficient; not against manifest weight — jury credibility determinations upheld
2. Whether trial court should have instructed jury on sexual battery (R.C. 2907.03(A)(5)) for B.G. counts	State: force/threat evidence negates consensual theory; no basis for sexual battery instruction	A.H.: trial court should have given lesser-included instruction because he was in loco parentis to B.G.	Affirmed: no abuse of discretion — no evidence of consent, so sexual battery instruction not warranted

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural requirements when appellate counsel seeks to withdraw on grounds of frivolity)
Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (standards for sufficiency and manifest-weight review)
Jenks v. Ohio, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of the evidence review)
Treesh v. Ohio, 90 Ohio St.3d 460 (Ohio 2001) (deference to jury verdicts unless unreasonable minds couldn’t reach the result)
Eskridge v. Ohio, 38 Ohio St.3d 56 (Ohio 1988) (force element in rape can be psychological or subtle; victims may be overborne by fear)
Penson v. Ohio, 488 U.S. 75 (U.S. 1988) (appellate courts may proceed to review record after Anders withdrawal)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial court best positioned to judge witness credibility)
Joy v. Ohio, 74 Ohio St.3d 178 (Ohio 1995) (trial court must give instructions relevant and necessary for jury to decide the case)
Comen v. Ohio, 50 Ohio St.3d 206 (Ohio 1990) (same on jury instructions)