State v. Parker
2022 Ohio 377
Ohio Ct. App.2022Background:
- Parker was indicted on multiple counts; Counts 8–10 charged forcible rape (two counts) and kidnapping with sexual-motivation/specifications as to victim M.H.
- M.H. testified she was grabbed from behind near Tower City Center, had her eyes covered, was taken by the assailant to a dumpster area, and raped; she reported the assault and a SANE kit matched Parker’s DNA.
- Parker testified he met M.H., they drank together, and the sexual encounter was consensual; he claimed he paid her for sex and denied coercion or force.
- Defense requested jury instructions for lesser-included sexual battery under R.C. 2907.03(A)(1) (coercion) and (A)(2) (substantial impairment). The trial court denied the request.
- Jury convicted Parker of rape (Count 8) and kidnapping with sexual-motivation (Count 10), acquitted on related specifications and Count 9; Parker appealed solely challenging denial of the lesser-included instruction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to give a lesser-included instruction of sexual battery (R.C. 2907.03(A)(1) and (A)(2)) for the rape charge concerning M.H. | The evidence did not support coercion or substantial impairment: M.H. said she was grabbed from behind and never saw the attacker and there was no testimony she was intoxicated; thus no basis for lesser instruction. | Requested instruction was supported because alternative mens rea (knowing vs. purposeful) or impairment-based theory could allow conviction of sexual battery even if not rape. | No error. (1) R.C. 2907.03(A)(2) is not a lesser-included offense of rape as a matter of law. (2) R.C. 2907.03(A)(1) (coercion) also was not supported because defendant presented a complete-consent defense, leaving jurors only the choice of rape or acquittal. |
Key Cases Cited
- State v. Evans, 911 N.E.2d 889 (Ohio 2009) (establishes two-tier statutory-elements and evidentiary test for lesser-included offenses)
- State v. Johnson, 858 N.E.2d 1144 (Ohio 2006) (sexual battery by coercion can be a lesser-included offense of forcible rape)
- State v. Wilkins, 415 N.E.2d 303 (Ohio 1980) (distinguishes coercion from force; where only consent or force are asserted, lesser coercion instruction may be unwarranted)
- State v. Deanda, 989 N.E.2d 986 (Ohio 2013) (reiterates two-tier analysis for lesser-included instructions)
- State v. Thomas, 533 N.E.2d 286 (Ohio 1988) (lesser-included instruction required only when evidence supports acquittal on charged offense but conviction on lesser)
- State v. Keenan, 689 N.E.2d 929 (Ohio 1998) (where defendant presents a complete defense to the charged offense, a lesser-included instruction is improper)