STATE v. DYE

No. 97-851.

82 Ohio St.3d 323 (1998)

THE STATE OF OHIO, APPELLANT, v. DYE, APPELLEE.

Supreme Court of Ohio.

Decided July 8, 1998.


Attorney(s) appearing for the Case

Maureen O'Connor, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, for appellant.

C. Michael Walsh, for appellee.


LUNDBERG STRATTON, J.

The issue presented in this case is whether a person in a position of authority over a child under thirteen may be convicted of rape of that child with force pursuant to R.C. 2907.02(A)(1)(b) and (B) without evidence of express threat of harm or evidence of significant physical restraint. For the reasons stated below, we answer in the affirmative.

R.C. 2907.02 provides:

"(A)(1) No person shall engage in sexual conduct...

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