State v. Whitacre, 2014 Ohio 1369

Defendant Anthony J. Whitacre (age 20) met with J.H. (age 13) at a park in Niles, Ohio, where they engaged in vaginal intercourse and oral sex.
J.H. told her father initially that she had been raped; she later told Children Services the encounter was consensual.
Whitacre voluntarily spoke to police and admitted the sexual encounter but said he believed it was consensual and that J.H. told him she was 18.
Both parties acknowledged Whitacre had known J.H. for several years (about 7–8 years).
Whitacre was indicted on two counts of unlawful sexual conduct with a minor (R.C. 2907.04); a jury convicted on both counts and the trial court imposed an aggregate 30-month prison term.
On appeal Whitacre argued the convictions were against the manifest weight of the evidence and that the State failed to prove he knew or was reckless regarding J.H.’s age.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove knowledge or recklessness as to victim's age	State argued evidence (victim testimony, father’s testimony, defendant’s admission of long acquaintance) supports that defendant knew the victim’s age or was reckless	Whitacre argued he neither knew nor was reckless about J.H.’s age; he maintained she told him she was 18	Court held evidence was sufficient: long acquaintance and admissions permitted jury to find knowledge or recklessness
Whether verdict was against the manifest weight of the evidence	State: jury credibility determinations supported conviction despite inconsistencies in victim’s statements	Whitacre: victim’s inconsistent statements, use of alcohol/drugs, and his consistent account made his version more credible	Court held the jury did not lose its way; credibility determinations are for the jury and conviction was not against the manifest weight

State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
State v. Schaffer, 127 Ohio App.3d 501 (11th Dist. 1998) (sufficiency test—view evidence in prosecution’s favor)
State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to jury’s credibility determinations)