Reed took the testimony of the forensic interviewers, as well as a video of the interviews in question, under advisement. None of the questions focused on the specifics of the case involving Smith. The two employees of Nationwide Children’s Hospital who took the witness stand on Monday, called to testify by the state of Ohio, described in mostly generic terms how interviews with young suspected victims of sexual abuse are conducted.
Constitution “unless each victim first testifies as trial.” The attorney said the court should rule the statements and interviews as “inadmissible hearsay” in violation of the Sixth Amendment to the U.S. Maisch said in his motion to suppress that he anticipates the state will attempt to play and admit these video-recorded interviews as part of its case-in-chief. Matthew Smith, 33, appeared in Allen County Common Pleas Court Monday as two forensic interviewers from Nationwide Children’s Hospital were called to testify about their conversations with the alleged victims of sexual abuse in his case.ĭefense attorney Zachary Maisch is attempting to have video recordings of those interviews with the three alleged victims - described as being ages 12, 10 and 8 at the time of the offense - thrown out of evidence and to “prohibit any witness from testifying about out-of-court statements made by the victims.” If you, or any member of your family, has been charged with the offense of gross sexual imposition in Ohio, feel free to call our law firm Koenig & Owen, LLC for a free initial consultation.LIMA - The attorney for a Lima man facing more than 80 counts of rape, gross sexual imposition and sexual battery is attempting to have statements made by the alleged victims to social workers at a Columbus hospital ruled inadmissible in court.
Prison is mandatory in some circumstances. In most other cases it is a fourth degree felony. If the alleged victim is under the age of 13, then the crime of Gross Sexual Imposition is a third degree felony and the penalties can be severe. If the alleged victim is under the age of 12, there is an alternate method of committing the offense that does not require the touching to be for the purpose of sexual gratification. Under any of these circumstances, Ohio’s Gross Sexual Imposition statute (Revised Code Section 2907.05) prohibits the touching of another person’s erogenous zone, causing another person to touch the offender’s erogenous zone, or causing two or more other persons to touch one of the other’s erogenous zone. Unlike the crimes of Rape and Sexual Battery, which involve “sexual conduct,” meaning vaginal or anal intercourse, or oral sex, the crime of Gross Sexual Imposition does not require sex, only a touching, when accompanied by force, threat of force, the use of drugs or alcohol to substantially impair the other, or a victim less than 13 years old.
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