Child’s Conviction of Statutory Rape Violates Constitution, Ohio High Court Says

The Ohio rape law that imposes strict criminal liability on anyone engaging in sexual conduct with a person under the age of 13, Ohio Rev. Code Ann. §2907.02(A)(1)(b), violates both the Due Process Clause and the Equal Protection Clause as applied to juveniles who are themselves younger than 13, the Ohio Supreme Court declared June 8. The due process ruling was based on a claim of vagueness, and the equal protection ruling was based on prosecutors’ decision to charge only one boy who allegedly participated in the sexual activity (In re D.B.).

Vagueness.

The case involves a 12-year-old ...