CourtWatch - March 2007
A provision in Ohio law, R.C. 2907.03(A)(5), banning consensual sexual conduct between a stepparent and his or her adult stepchild is constitutional because it bears a rational relationship to the state's legitimate interest in protecting the family, the Supreme Court of Ohio ruled today. The court's 6-1 decision affirming a ruling of the 5th District Court of Appeals was authored by Justice Judith Ann Lanzinger. Paul Lowe of Stark County was indicted by a grand jury on a felony count of sexual battery for engaging in consensual sex with Amanda Halter, the 22-year-old daughter of Lowe's wife. When the Stark County Court of Common Pleas denied Lowe's motion to dismiss the charge, he entered a plea of no contest and was convicted of sexual battery and designated as a sexual offender. Lowe appealed, arguing that the provision in Ohio's “incest” statute, R.C. 2907.03, barring consensual sex between an adult stepparent and stepchild was unconstitutional. The 5th District Court of Appeals affirmed the trial court's judgment. Lowe appealed that decision to the Supreme Court. Read More »
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