Court: family tie barred as impaired-consent rape condition

COLUMBUS, Ohio (AP) — A victim’s family relationship to a rapist can’t be included as an argument that the victim suffered from an impairment making consent impossible, the Ohio Supreme Court ruled.

The court’s unanimous decision Wednesday reversed two of the six counts on which an Ohio man was convicted after he was accused of raping his step-daughter and niece in 2013.

The court said a familial relationship may still be considered to prove rape by force, but is not a “mental or physical condition” under state law.

“It is clear to us that a ’familial relationship’ is not a ‘mental or physical condition,’” said Justice Michael Donnelly.

The court’s decision means the case will eventually end up at the original trial court for resentencing. The defendant is serving 10 years to life, a sentence the court’s decision was not expected to substantially change.