State v. Economo

666 N.E.2d 225, 76 Ohio St. 3d 56
Ohio Supreme Court·Decided July 10, 1996·No. No. 95-53·Published·Cited by 87 cases

Opinions

Cook, J.

I

R.C. 2907.06(B) states: “No person shall be convicted of a violation of this section [sexual imposition3] solely upon the victim’s testimony unsupported by other evidence.”

[58]*58With this opinion we answer the question of what quality of evidence will satisfy the “other evidence” or corroboration requirement of R.C. 2907.06(B). As addressed later, corroboration requirements such as the one in R.C. 2907.06(B) are rare.4 We are aware of no other sections of the current Ohio criminal code mandating corroboration of a victim’s testimony as a prerequisite to conviction.5 For guidance, we look to this court’s interpretation of code sections (now amended or repealed) necessitating corroboration and the decisions of other states that have examined similar corroboration requirements.

In State v. Pearson, a 1980 case dealing with the statutory demand for corroboration of accomplice testimony in complicity cases,6 this court stated:

“[I]n order for the prosecution to satisfy the corroboration requirement of R.C. 2923.03(D), independent evidence must support an accomplice’s testimony, and must tend to connect the accused with the alleged crime or must tend to identify the accused as a guilty actor.” (Emphasis added.) State v. Pearson (1980), 62 Ohio St.2d 291, 295, 16 O.O.3d 332, 334, 405 N.E.2d 296, 299.

Seventy years earlier, when addressing an instruction cautioning the jury against convicting on the uncorroborated evidence of an accomplice, this court stated:

“It is not necessary that the crime charged be proven independently of the testimony of the accomplice, or that the testimony of the accomplice be corrobo[59]*59rated in every particular in order that it may be said to be corroborated, but only that there be circumstantial evidence, or testimony of some witness other than the accomplice, tending to connect the defendant with the crime charged, and to prove some of the material facts testified to by the accomplice.” (Emphasis added.) State v. Robinson (1910), 83 Ohio St. 136, 143, 93 N.E. 623, 625.

Similarly, in a recent Georgia case applying a statute requiring corroboration of a victim’s testimony in a statutory rape case, the court said:

“[I]t is well settled that it is not necessary that the child be corroborated as to every essential element of the crime, or that it establish the defendant’s guilt, but only that the corroborating evidence tend to establish his guilt and be of ‘ “such a character and quality as tends to prove the guilt of the accused by connecting him with the crime.” ’ Chambers v. State [1977], 141 Ga.App. 438, 439, 233 S.E.2d 818, rev’d on other grounds, 240 Ga. 76, 239 S.E.2d 324. Moreover, the quantum of corroboration needed is not that which is in itself sufficient to convict the accused, ‘ “but only that amount of independent evidence which tends to prove that the incident occurred as alleged. * * * Slight circumstances may be sufficient corroboration, and ultimately the question of corroboration is one for the jury.” [Emphasis added in part.] (Cit.)’ Hill v. State [1981], 159 Ga.App. 489, 490, 283 S.E.2d 703.” Timmons v. State (1987), 182 Ga.App. 556, 557, 356 S.E.2d-523, 524.

In a prosecution for assault with intent to commit rape, the District of Columbia Court of Appeals found sufficient evidence to satisfy a corroboration requirement, stating:

“To be legally sufficient, the corroboration need only consist of ‘circumstances which tend to support the victim’s testimony.’ Evans v. United States, D.C.App., 299 A.2d 136, 139 (1939). * * *
“ * * * For example, reasonably prompt reporting of the incident to one’s family, friends or police is considered corroboration here.” (Footnote omitted.) Fitzgerald v. United States (1982), 443 A.2d 1295, 1301-1302.

The Fitzgerald case is a suitable example of the minimal evidence necessary to fulfill a victim-corroboration requirement. In Fitzgerald, there was evidence that the victim ran to her room crying when she returned from a car ride with the defendant during which he allegedly attempted to rape her. The victim complained that her head hurt, which confirmed her testimony that her head had struck the sidewalk when she fell from the defendant’s car during commission of the sexual offense. The victim told her friend about the incident the next day. This evidence was sufficient to satisfy the need for corroboration.

These cases illustrate that a corroboration requirement does not mandate proof of the facts which are the very substance of the crime charged, as held by a [60]*60majority of the appellate court in this case. The corroborating evidence necessary to satisfy R.C. 2907.06(B) need not be independently sufficient to convict the accused, and it need not go to every essential element of the crime charged. Slight circumstances or evidence which tends to support the victim’s testimony is satisfactory. The corroboration requirement of R.C. 2907.06(B) is a threshold inquiry of legal sufficiency to be determined by the trial judge, not a question of proof, which is the province of the factfinder. See State v. Robinson, 83 Ohio St. at 143, 93 N.E. at 625.

We find that the corroborating evidence in the case before us satisfies R.C. 2907.06(B). First, it is undisputed and supported by the medical records that Economo and Doman had a physician-patient relationship from 1986 through July 10, 1992 and the medical records indicate that Doman was treated by Economo on July 6, 1992. Watt testified that when she and Doman arrived at Economo’s office on July 10, 1992, Doman was scared and upset and Doman asked Watt to come into the examination room so that Economo would refrain from touching her. Watt also testified that when Doman left the examination room she was on the verge of crying.

This other evidence, although independently insufficient to convict Economo, tends to support Doman’s testimony. The medical records evidence an opportunity for Economo to commit the offense, and Watt’s testimony shows that Doman was afraid of being alone with Economo. The fact that Watt accompanied Doman to the doctor’s office on July 10, permits a reasonable inference that Doman reported the alleged sexual activity to her within seven days of the first incident (July 3) and four days of the second (July 6).

Accordingly, we find that Watt’s testimony and the medical records constitute sufficient slight circumstances which tend to support Doman’s testimony. Once the threshold of sufficient corroborative evidence was crossed, it was up to the factfinder to determine whether there was proof beyond a reasonable doubt to support the sexual imposition charges. Here there was a finding of sufficient evidence to support the charges, so the convictions should have been affirmed.

II

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State v. Economo, 666 N.E.2d 225, 76 Ohio St. 3d 56 (Ohio 1996).

666 N.E.2d 225 (State v. Economo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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