In a unanimous opinion, the Ohio Supreme Court upheld the rape conviction of a man who argued that his wife’s testimony about “having sex” was insufficient.
On June 12, the Supreme Court overturned an appeals court decision in the rape case of Stephen Coker, Jr., of Wood County.
In 2022, Coker was found guilty on three counts of rape and sentenced to nine to 10.5 years in prison.
At trial, his now ex-wife testified that Coker pressured and sometimes forced her to have sexual intercourse, including times when she was passed out from drugs and alcohol. An incident in January 2020 left her bruised along her spine, a photo showed.
But the 6th District Court of Appeals vacated Coker’s conviction in December 2023, saying that the victim’s use of the general term “having sex” didn’t specify what sexual conduct happened during the time periods listed in the criminal charges.
The Supreme Court threw out that appeals court decision, saying that nothing suggests that the ubiquitous phrase “having sex” could mean something different. The court determined that the woman’s testimony described sexual conduct.
Ohio partially criminalized marital rape in the 1980s, according to the Cleveland State Law Review. But it left in a measure to protect spouses from prosecution for rape, unless the perpetrator used force or the couple lived in separate homes.
In the 1980s, supporters of the measure argued that women would make false allegations or use rape charges as leverage in divorces or separation.
Last year, the state erased that exemption.
In the Coker case, prosecutors argued that he did use force or the threat of force against his then wife.
The Supreme Court returned the case to the appeals court for further review.
State government reporter Laura Bischoff can be reached at @lbischoff@gannett.com and @lbischoff on X.
This article originally appeared on The Columbus Dispatch: Ohio Supreme Court upholds rape conviction in spousal case
Reporting by Laura A. Bischoff, Columbus Dispatch / The Columbus Dispatch
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