State v. Riggs

In State v. Riggs, Tenth Dist. App. No. 04AP-1279, 04AP-1280, 2005 Ohio 5244, the appellant and the victim, who was his minor step-granddaughter, were alone together in the basement, and appellant reached out and touched the victim's breast over her shirt. This incident was an isolated event that occurred after a period of no sexual contact between appellant and victim. The victim told appellant "no" and immediately turned and went upstairs. The trial court found that the fact that the victim rebuffed appellant and immediately distanced herself from him indicated that she was not afraid or threatened by appellant at the time of the incident. The court found that there was simply no evidence that the victim was under the influence of any psychological force or coercion by appellant. The trial court found that the evidence was insufficient to show force or threat of force because the defendant did not command victim to do anything and did not threaten or restrain her. The court further found that the defendant did not engage in any contact other than sexual contact necessary for offense itself, and there was no evidence that victim's will was overcome by any contemporaneous subtle or psychological force or coercion.