Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: D.C. Minor Child
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case No. DL 16100727
ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County
Public Defender John T. Martin Sarah E. Gatti Assistant
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor Kristen L. Sobieski Jillian J. Snyder
Assistant County Prosecutors.
Guardian Ad Litem Michael B. Telep.
BEFORE: Stewart, P.J., Boyle, J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
J. STEWART, PRESIDING JUDGE.
The juvenile court adjudicated appellant D.C. delinquent for
committing acts which, if committed by an adult, would
constitute the crimes of rape, kidnapping, and gross sexual
imposition. The issues raised in this appeal concern the
sufficiency and weight of the evidence, equal protection, the
admission of irrelevant evidence, allied offenses, and
ineffective assistance of counsel.
Sufficiency of Evidence
The first assignment of error complains that there was
insufficient evidence to prove that D.C. compelled the victim
to engage in sexual conduct. The victim testified that D.C.
grabbed the victim's hand and "drove" it
"into my bottom." D.C. maintains that testimony
about a hand being driven into a person's
"bottom" did not establish penetration sufficient
to prove rape.
We apply the same standard of review for questions involving
the sufficiency of the evidence in juvenile delinquency
adjudications as we do for adult criminal defendants: we view
the evidence most favorably to the state to determine whether
any rational trier of fact could have found the essential
elements of the crime proven beyond a reasonable doubt.
In re Washington, 81 Ohio St.3d 337, 339, 691 N.E.2d
285 (1998); In re J.S., 8th Dist. Cuyahoga No.
102800, 2015-Ohio-4990, ¶ 13.
The state charged D.C. with committing an act that, if
committed by an adult, would constitute the offense of rape
under R.C. 2907.02(A)(2). That statute states that no person
shall engage in sexual conduct with another when the other
person is less than thirteen years of age. The phrase
"sexual conduct" is defined as, among other things,
"the insertion, however slight, of any part of the body
or any instrument, apparatus, or other object into the
vaginal or anal opening of another." R.C. 2907.01(A).
The sexual conduct need not be personally accomplished by the
defendant - a defendant can be found guilty of rape even
though he did not personally insert an object into a victim
"'if he caused the penetration to be committed by an
innocent agent.'" State v. Ludwick, 11th
Dist. Ashtabula No. 2002-A-0024, 2004-Ohio-1152, ¶ 58,
quoting Lafave & Scott, Criminal Law, Section
6.6(a), at 570 (2d Ed.1986).
The victim, who was eight years old at the time the offense
occurred (he was 12 years old by the time of trial), gave the
Q: Okay. And what did he make you do with your finger?
A: He drove my hand with his own hand.
A: At my rear. He drove my hand to my rear, ...