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STATE v. SCHAIM

No. 91-1351.

65 Ohio St.3d 51 (1992)

THE STATE OF OHIO, APPELLEE AND CROSS-APPELLANT, v. SCHAIM, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided October 28, 1992.

Attorney(s) appearing for the Case

H. Fred Hoefle, for appellant and cross-appellee.

Arthur M. Ney, Jr., Prosecuting Attorney, and Ronald W. Springman, Jr., Assistant Prosecuting Attorney, for appellee and cross-appellant.

Dinsmore & Shohl, Kenneth S. Resnick and Jennifer A. Adair, urging reversal in defendant's appeal for amicus curiae, Cincinnati Speech and Hearing Center.

Harry R. Reinhart, urging dismissal of the state's cross-appeal on behalf of amicus curiae, Ohio Association of Criminal Defense Lawyers.

WRIGHT, J.

The appellant and cross-appellant raise a number of issues for our review. The first part of the opinion discusses the issue raised by the cross-appeal, which concerns the element of force required by R.C. 2907.02(A)(2). We agree with the court of appeals that Rhonda Schaim's testimony does not support a conviction pursuant to R.C. 2907.02(A)(2). The second part of the opinion addresses the defendant's appeal on the remaining charge against him, gross sexual...

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