2016 Ohio 3061
Ohio Ct. App.2016Background
- On June 16, 2015, a jury convicted Antonio Torres of one count of sexual battery (R.C. 2907.03(A)(2)) as a lesser included offense of rape relating to victim B.G.; he was acquitted of remaining counts and later sentenced to 24 months’ imprisonment and lifetime Tier III sex-offender reporting.
- B.G. and friend T.B. went to a strip club with Torres and his brother Dontez; later the group went to Dontez’s apartment where B.G. fell asleep in the living room.
- B.G. testified she repeatedly ‘blacked out’ or fell asleep and awoke to find Dontez and Torres having sexual intercourse with her; she reported being unable to move or speak and told Torres to stop during one encounter.
- DNA testing of B.G.’s vaginal, perianal, and underwear samples identified contributions from both Torres and Dontez; T.B.’s kit also implicated Torres as a major contributor.
- Torres initially denied intercourse with B.G., then—after being confronted with DNA results—admitted to brief intercourse; toxicology on B.G.’s urine was positive for cannabinoids but negative for sedatives/date-rape drugs.
Issues
| Issue | State's Argument | Torres' Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support sexual battery conviction (R.C. 2907.03(A)(2)) | Evidence showed B.G. was substantially impaired (sleep/blackouts) and Torres knew of her impairment; DNA and victim/SANE testimony proved sexual conduct | Evidence insufficient to prove sexual conduct while victim was substantially impaired | Affirmed — evidence sufficient to convict |
| Manifest weight of the evidence | Victim testimony, SANE findings, consistent statements, DNA mixture, and Torres’ partial admission support verdict | Jury lost its way; conviction against manifest weight given inconsistencies and defense theory | Affirmed — conviction not against manifest weight |
Key Cases Cited
- Bridgeman v. State, 55 Ohio St.2d 261 (Ohio 1978) (standard for sufficiency review under Crim.R. 29)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing sufficiency and weight-of-the-evidence review)
- Zeh v. Tucker, 31 Ohio St.3d 99 (Ohio 1987) (definition of “substantially impaired” and proof via lay testimony)
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (appellate court as a “thirteenth juror” when reviewing weight of the evidence)
- State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App.) (framework for weight-of-the-evidence reversal)