Ohio's Top Court Says Consensual Stepfather Sex Illegal

[matcom]

<snip>

COLUMBUS, Ohio - The state's incest law bars sex between a stepfather and an adult-age stepchild, even if both sides participate willingly, the Ohio Supreme Court has ruled.

The court ruled Wednesday against former Stark County Sheriff's Deputy Paul Lowe, 42 when his 22-year-old stepdaughter accused him of having sex with her in 2003 while she was passed out after a night of partying. He claimed the sex was consensual.

Lowe pleaded no contest to sexual battery in 2004. The judge in Canton delayed the four-month sentence pending appeal.

Lowe's attorney, J. Dean Carro, asked the Ohio Supreme Court to overturn the conviction, saying the incest law was ambiguous and inconsistent. He said consenting adults have a right to personal intimacy.

In a 6-1 decision, the court disagreed and said parents "do not cease being parents," whether natural or stepparents, when a child turns 18.

If Lowe had been divorced and was no longer the stepfather to his wife's daughter, the statute would no longer apply, the court said.

Justice Paul E. Pfeifer dissented and said the law was meant to protect children and not criminalize sex between consenting adults.

Carro said he needed to speak with Lowe before deciding on an appeal.

http://www.ohio.com/mld/ohio/news/state/16809930.htm

[Beetwasher]

1. I Guess Woody Allen Is Glad He Doesn't Live In Ohio

n/t

[CBGLuthier]

2. was never her stepfather so law would not apply

n/t

[CatWoman]

6. he wasn't her stepfather "legally"

but it doesn't make his behavior less disgusting.

[Strawman]

3. I doubt this case will come up in the next judicial election

:sarcasm:

[ThomCat]

4. Good decision. Step-father abused his step-daughter and

thought he might get away with it. I hope he's divorced now, in addition to being on his way to jail. x(

[El Fuego]

5. The 22 year old says it wasn't consensual, so it's not a case of consenting adults.

[sasquatch]

7. The court ruling also covers consensual stepdad/adult stepkid sex

Or atleast that's how I read it.

[El Fuego]

9. The dissenting judge brought up the consensual aspect

Apparently the guy's entire defense was the they were consenting adults, but she's basically saying it was rape! So I don't see why thought they could use the consenting adult angle. Takes two for consent.

[idgiehkt]

8. wow

I'm suprised the prosecuted him under this statute instead of a rape statute. That was a pretty gutsy thing to do considering her age. Rulings like this give me hope.

[denverbill]

10. That ain't right. In Genesis, Lot's daughters got him drunk and had sex with him,

and God had absolutely no problem with that. They both got preggers and their kids went on to found their own clans. Father/daughter incest should be legalized, especially if it involves alcohol abuse. The Bible says so.

[Deja Q]

11. How about mother/son scenarios?

Or else somebody's got some splainin' to do regarding what Cain and Abel did... or at least Cain, after killing Abel (holy jealousy spat, Batman! :wow: )