State v. Butts

Summary

The Ohio Eighth District Court of Appeals affirmed Tamir H. Butts's convictions and sentence for rape, gross sexual imposition, kidnapping, and endangering children. The court held that the trial court did not abuse its discretion by permitting a sexual-abuse trauma expert to testify about trauma-related behaviors, delayed disclosure, and recall, and it rejected the appellant's sentencing argument.

Holdings

1. The trial court did not abuse its discretion or commit plain error by permitting Mouncey to testify about the general effects of trauma and sexual abuse on child victims, including delayed disclosure, recall of abuse, and behaviors or symptoms consistent with sexual abuse. The testimony did not impermissibly address neurobiology or improperly vouch for K.R.'s credibility.
2. The sentence of twenty-five years to life on each rape count was not contrary to law, and the trial court was not required to consider the more lenient fifteen-years-to-life option under R.C. 2971.03(B)(1)(b).

Questions Presented

1. Whether the trial court abused its discretion or committed plain error by permitting the state's expert to testify about trauma, delayed disclosure, memory recall, and behaviors consistent with child sexual abuse.
2. Whether the trial court was required to consider the fifteen-years-to-life sentencing option under R.C. 2971.03(B)(1)(b) despite the jury's findings that the victim was under ten and was compelled to submit by force or threat of force.

Disposition

affirmed