The juvenile court judge ruled that it would be unconstitutional to charge D.S., dismissed the case and ordered treatment for both children. On appeal, the 10th District Court of Appeals in a 2-1 decision sided with the prosecutor’s argument that a previous supreme court ruling barring children from being charged with rape didn’t apply if they were charged with gross sexual imposition.
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GSI requires sexual contact for gratification or arousal. Sexual conduct, a key element of rape, requires engaging in a sex act without privilege to do so.
The appeals court ruled that it could have been found that D.S. acted for sexual gratification while D.M. did not. The prosecutor argued that the juvenile court dismissed the case too early in the process.
The case is one of eight set for oral argument on May 16 and 17 before the Ohio Supreme Court.