State v. Dye

Decided July 8, 1998

Ohio Supreme Court · decided 1998-07-08

Key passage — most relied on by later courts

“force and violence necessary to commit the crime of rape depends upon the age, size and strength of the parties and their relation to each other.”

quoted by 3 later decisions, including State v. Jordan, 06 Ha 586 (6-22-2007), State v. Deck

Relies on State v. Eskridge

Good law ✅— No negative treatment on recordhow we know

Decided 1998-07-08

How this case has been cited

Cited by 330 later decisions — most recently March 2026 · most notably State v. Wilks (Slip Opinion) (2018), State v. Cooper (2007)

324 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Cook, J.,

¶1concurring. I concur in the judgment of the majority. I would not

¶2modify State v. Eskridge (1988), 38 Ohio St.3d 56, 526 N.E.2d 304, but would reconcile this case with Eskridge, using the following syllabus language:

¶3Assessment of whether the defendant has compelled the victim to submit by an implicit threat of force under R.C. 2907.02(B) and State v. Eskridge requires a comparison of the age, size, and strength of the parties and their relation to each other. Even where the relationship between the defendant and the child victim is not one of parent and child, in assessing the totality of the circumstances, the factfinder may consider whether the defendant was an important figure of authority to the child victim. (State v. Eskridge [1988], 38 Ohio St.3d 56, 526 N.E.2d 304, construed.)

Douglas, J., concurs in the foregoing concurring opinion.