The case of State v. Biggs involved a Defendant / Appellant who had been convicted of gross sexual imposition (R.C. 2907.05(A)(1)) in Delaware County Common Pleas Court.
The defendant was convicted of gross sexual imposition as defined by R.C. 2907.05(A)(1):
(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
The case proceeded to a jury trial. There was no testimony of force other than the alleged victim “forcibly removing” the defendant’s hand from her vaginal area. There was no evidence of a threat of force, either.
Despite this lack of testimony the jury still found the defendant guilty of the felony offense – GSI.
On appeal, the defendant successfully argued that lack of sufficient evidence to support the conviction. The Fifth District Court of Appeals reversed the defendant’s conviction.