Court Considers What 'Force' Necessary to Support Conviction for Gross Sexual Imposition

In Case Where Defendant Initiated Sexual Contact With Victim Who was Asleep

State of Ohio v. Kiel A. Henry, Case no. 2009-1572

3rd District Court of Appeals (Seneca County)

ISSUE: In order to establish the element of gross sexual imposition that an offender used force to compel sexual contact, must the state show that the offender "overcame the will" of the victim to resist such contact, or is it sufficient to show that the offender exploited an inequality in the relative positions or strength of the offender and victim to facilitate sexual contact?