State v. Dyer, 2021 Ohio 2329

Defendant Jameel Dyer was indicted for one count of first-degree felony rape (R.C. 2907.02(A)(2)) arising from an October 30, 2018 incident at his grandfather Jerome Carter's home.
The 61-year-old victim testified she bent over to pick up CDs when Dyer pulled down her elastic pants and inserted his fingers into her rectum without consent; she ran from the home and called 9-1-1.
Responding officers and a SANE nurse recorded the victim's statements; there were some inconsistencies about whether Carter participated and whether Dyer flipped the victim over.
Dyer gave a recorded interview admitting he touched the victim’s bare buttocks and conceded it was 'very possible' his fingers went into her rectum.
Dyer waived a jury trial in open court, proceeded to a bench trial, was found guilty, sentenced to three years, and designated a Tier III sex offender.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had jurisdiction because of a jury-waiver defect	State: Dyer validly waived jury orally on the record and by written waiver filed with the court	Dyer: He did not waive his right to a jury trial in open court, so court lacked jurisdiction	Court: Waiver was made in open court and signed; jurisdiction proper — assignment overruled
Whether evidence was sufficient to prove force element of R.C. 2907.02(A)(2)	State: Victim's testimony that Dyer pulled down her pants and surprised her supports the use of force beyond that inherent in the sexual act	Dyer: No force or threat beyond the sexual conduct itself was proven	Court: Sufficient evidence — pulling down pants while victim was bent over constituted force; sufficiency challenge overruled
Whether conviction was against the manifest weight of the evidence	State: Victim credible; Dyer's admissions corroborate key facts	Dyer: Inconsistent statements to 9-1-1, officers, and nurses undermine credibility and create reasonable doubt	Court: Trial judge was best positioned to judge credibility; inconsistencies did not create a manifest miscarriage of justice — weight challenge overruled

State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and manifest-weight standards)
State v. Dennis, 79 Ohio St.3d 421 (1997) (describes sufficiency review standard)
State v. Martin, 20 Ohio App.3d 172 (1984) (standard for reversing on manifest weight grounds — rare and for manifest miscarriage)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (bench-trial deference to trial court’s credibility findings)
State v. Dye, 82 Ohio St.3d 323 (1998) (force element requires more than force inherent in the sexual act)
State v. Eskridge, 38 Ohio St.3d 56 (1988) (force need not be overtly brutal and may be subtle)
Fowler v. 27 Ohio App.3d 149 (1986) (manipulation of clothing to facilitate sexual conduct can constitute force)