State v. Washington, 2017 Ohio 2595

Damon D. Washington (defendant) was indicted on multiple sex-offense counts; trial resulted in convictions for one count of Rape (R.C. 2907.02(A)(2)) and one count of Gross Sexual Imposition related to acts on December 23, 2014. Sentenced to nine years; Tier III sex offender.
Victim M.P., Washington’s biological daughter, testified she lived with him from age six, was subjected to corporal punishment (“whoopings”), and beginning at about age 11 was told she could avoid punishment by doing “deals” (sexual acts, later oral sex).
M.P. described years of coerced sexual conduct, fear of her father, instructions not to tell, and specific incidents on December 22–23, 2014; she preserved evidence (container, toothbrush, towel).
Forensic analyst testified Washington’s sperm was on the container, towel, M.P.’s T‑shirt, and toothbrush; Washington denied the allegations.
Jury acquitted on most counts but convicted on the December 23 rape count; appeal challenged sufficiency and manifest weight as to the force element of rape.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved the forcible element of R.C. 2907.02(A)(2) (rape by purposely compelling another to submit by force or threat of force)	State: victim’s fear, history of corporal punishment, parental authority/coercion, victim’s contemporaneous preservation of evidence and DNA link the defendant — psychological coercion counts as force	Washington: victim (16 at events) was physically large and only had two whoopings since age 11; inconsistencies and prior disclosure undermine claim of fear/force; physical force not shown	Affirmed. Court held parental authority plus sustained fear/coercion and circumstantial evidence established the force element; sufficiency and weight challenges fail

State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review following Jackson v. Virginia)
Jackson v. Virginia, 443 U.S. 307 (1979) (constitutional standard for sufficiency of the evidence)
State v. Eskridge, 38 Ohio St.3d 56 (1988) (force for rape can be psychological; parental authority creates coercion)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight standard and distinction from sufficiency)
State v. Wilson, 113 Ohio St.3d 382 (2007) (clarifies manifest-weight inquiry)
State v. DeHass, 10 Ohio St.2d 230 (1967) (jury credibility determinations entitled to deference)
State v. Fowler, 27 Ohio App.3d 149 (1986) (child’s will may be overcome when commanded by an authority figure)