The Ohio Supreme Court ruled Tuesday that a trial court may not enhance a defendant’s sentence for rape by force without the jury first considering evidence of the use of force.
The trial court sentenced defendant Adam Bowers to 25 years to life for rape under R.C. 2971.03(B)(1)(c), finding that he “had compelled the victim to submit by force.” However, the question of whether Bowers used force was not submitted to the jury; the jury only found that Bowers was guilty of rape and that the victim was younger than 10 years old.
