State v. Carpenter
2017 Ohio 8905
| Ohio Ct. App. | 2017Background
- Defendant Abram Carpenter (charged as an adult) was convicted after a bench trial of two counts of first-degree rape for sexual acts against his sister H.C. when he was ~15 and she was 3–5 years old.
- H.C. described repeated incidents at two family homes including digital, penile penetration and insertion of a screwdriver; abuse allegedly ceased after their father caught Carpenter disciplining H.C. roughly.
- H.C. first told family/pastors earlier but did not report to police until October 2015; investigators recorded a 2015 church reconciliation meeting and later recorded a telephone call.
- Carpenter was indicted April 2016 for offenses occurring between Jan. 1, 1998 and Dec. 31, 1999; he waived a jury and was tried to the bench in Aug.–Sept. 2016.
- The trial court found Carpenter guilty on both counts and sentenced him to concurrent four-year prison terms; he was designated a sexually oriented offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of prosecuting juvenile as adult under Ohio juvenile bindover/statutes | State: statutes authorizing prosecution as adult are valid exercises of legislative authority | Carpenter: applying adult prosecution when offense committed as juvenile violates due process and equal protection | Court: statutes constitutional; Carpenter concedes Aalim I is no longer controlling after Aalim II; first assignment overruled |
| Sufficiency of evidence for rape convictions | State: H.C.’s testimony alone, if believed, established elements of rape (penetration, age) | Carpenter: evidence insufficient and convictions against manifest weight; allegations fabricated from childhood antipathy | Court: H.C.’s detailed testimony was legally sufficient and not against manifest weight; convictions affirmed |
Key Cases Cited
- State v. Aalim, 150 Ohio St.3d 463, 83 N.E.3d 862 (Ohio 2016) (initial decision striking mandatory juvenile bindover provisions)
- State v. Aalim, 150 Ohio St.3d 489, 83 N.E.3d 883 (Ohio 2017) (reconsideration holding juvenile bindover statutes constitutional)
- State v. Warren, 118 Ohio St.3d 200, 887 N.E.2d 1145 (Ohio 2008) (upholding prosecution of juvenile as adult where charged after age 21; due process not violated)