COLUMBUS (AP) – The Ohio Supreme Court is considering whether a state sex law is constitutional when cases involve children under 13.
Ohio law says children under age 13 can’t legally consent to sex, leading to an automatic rape charge when anyone over 13 engages in sex with anyone under 13. The state Supreme Court has previously ruled that when two children under 13 have sex neither can be charged with rape.
The court on Wednesday hears arguments whether the same is true for a different sex crime known as gross sexual imposition.
At issue before the court is a 2013 case in which a 12-year-old child touched and engaged in intercourse with a 9-year-old child.
Court records say there was no allegation of force.