State v. Horn
Annotate this Case
The Supreme Court reversed in part the judgment of the court of appeals affirming the judgment of the trial court convicting Defendant of four counts of rape of S.M., his step-daughter, and two counts of rape of J.M., his niece by marriage and six sexually-violent predator specifications, holding that a familial relationship is not a "mental or physical condition" for purposes of Ohio Rev. Code 2907.02(A)(1)(c).
On appeal, Defendant argued that the State had not established that his victim's "ability to resist or consent [was] substantially impaired because of a mental or physical condition," Ohio Rev. Code 2907.02(A)(1)(c). The Supreme Court concluded that a familial relationship is not a mental or physical condition, and therefore, it was impossible for the State to prove beyond a reasonable doubt that Defendant violated section 2907.02(A)(1)(c) based on the theory that a familial relationship was the condition that caused the victims' substantial impairment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.