State v. Jones, 2013 Ohio 3760

Jones was convicted in a bench trial of Gross Sexual Imposition in Ohio.
M.T., then 14, slept at her sister S.M.'s home where Jones resided, and the events occurred at night.
During the night, M.T. awoke three times; on the third occasion her pajama bottoms were pulled halfway down, and she felt a wet substance on her lower back and buttocks.
Forensic testing showed semen on M.T.'s bikini briefs matched Jones's DNA.
The State indicted Jones on one count of GSI; he was convicted and sentenced; on appeal, Jones challenges the weight of the evidence.
The court affirms the conviction, finding evidence supports sexual contact through touching of an erogenous zone, even without direct skin-to-skin contact.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction is supported by sufficient/weight of the evidence regarding sexual contact.	Jones asserts no evidence of sexual contact with M.T.	Jones argues the record lacks proof of touching, the element of GSI.	Conviction not against weight; the court infers touching of an erogenous zone (buttocks) through clothing and ejaculate evidence.

State v. Cherry, 171 Ohio App.3d 375 (Ohio App.3d 2007) (sufficiency review framework; standard for appellate review of evidence)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (test for sufficiency and weight; Jenks standard)
State v. Hill, 2d Dist. Montgomery No. 25172 (2013-Ohio-717) (weight-of-the-evidence standard; exceptional case needed to reverse)
State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (manifest weight considerations formation)
In re A.L., 12th Dist. Butler No. CA2005-12-520 (2006-Ohio-4329) (touching erogenous zones through clothing suffices)
State v. Bradley, 8th Dist. Cuyahoga No. 98216 (2013-Ohio-485) (inferential evidence of contact in GSI cases where clothing removed)
State v. Burton, 4th Dist. Gallia No. 05CA3 (2007-Ohio-1660) (case on touching erogenous zones and force considerations)