The Ohio Supreme Court today is scheduled to consider whether a state sex law is constitutional when cases involve children under the age of 13.
The law says those children cannot legally consent to sex, leading to an automatic rape charge when anyone over 13 engages in sex with anyone under 13. The court has previously ruled when two children under 13 have sex, neither can be charged with rape. The court will hear arguments whether the same is true for a different sex crime known as gross sexual imposition. At issue is a 2013 case in which a 12-year-old child touched and engaged in intercourse with a 9-year-old child. Court records show there was no allegation of force.