State v. Seelenbinder
2013 Ohio 337
Ohio Ct. App.2013Background
- Seelenbinder was charged in Mason Municipal Court with sexual imposition after an undercover park sting in Warren County.
- Video evidence shows Seelenbinder discussing undercover status and reaching toward the detective, with the act captured on video and audio when the detective said not to touch him.
- After the incident, the detective found KY Jelly and tissues in Seelenbinder's pockets and Seelenbinder made statements indicating concern about consequences.
- Statutes: sexual contact is prohibited when offensive to the other person; ‘sexual contact’ includes touching erogenous zones for sexual arousal or gratification.
- Definitions: knowing and reckless mens rea under R.C. 2901.22 and the standard for corroboration under R.C. 2907.06(B) require some corroborating evidence beyond a victim’s testimony.
- The appellate court affirmed the conviction, holding there was sufficient corroboration (video, items found, and Seelenbinder’s statements) to support the verdict under Economo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient corroborating evidence under 2907.06(B)? | Seelenbinder argues there is no corroboration. | Seelenbinder contends no independent evidence of touching. | Yes; sufficient corroboration beyond victim testimony. |
Key Cases Cited
- State v. Economo, 76 Ohio St.3d 56 (Ohio 1996) (corroboration need not be independently sufficient to convict; slight corroboration suffices)
- State v. Hancock, 108 Ohio St.3d 57 (Ohio 2006) (standard for assessing sufficiency after corroboration and review of evidence)
