Tucker v. Uhl

2023 Ohio 3680
CourtOhio Court of Appeals
DecidedOctober 10, 2023
DocketCA2023-05-052
StatusPublished
Cited by3 cases

This text of 2023 Ohio 3680 (Tucker v. Uhl) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tucker v. Uhl, 2023 Ohio 3680 (Ohio Ct. App. 2023).

Opinion

[Cite as Tucker v. Uhl, 2023-Ohio-3680.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BUTLER COUNTY

RIAN TUCKER, :

Appellant, : CASE NO. CA2023-05-052

: OPINION - vs - 10/10/2023 :

NATHAN UHL, :

Appellee. :

CIVIL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CP 2023 01 0019

Blake P. Somers, LLC, and Sierra D. Causey, for appellant.

Wayne Staton Co., LPA, and Wayne C. Staton, for appellee.

S. POWELL, P.J.

{¶ 1} Appellant, Rian Tucker, appeals the decision of the Butler County Court of

Common Pleas denying Tucker's petition for a civil sexually oriented offense protection

order against appellee, Nathan Uhl.1 For the reasons outlined below, we affirm.

1. Pursuant to Loc.R. 6(A), we sua sponte remove this appeal from the accelerated calendar for purposes of issuing this opinion. Butler CA2023-05-052

The Parties

{¶ 2} Prior to this case being initiated, Tucker was a senior at Miami University

located in Oxford, Butler County, Ohio, whereas Uhl was employed as a part-time yoga

instructor at the Miami University campus fitness center who taught a single, one-hour yoga

class each week. Tucker is a biological female who the record indicates is currently taking

medication to help the transition to be a male. However, although transitioning, Tucker's

body is still equipped with female anatomy. This includes Tucker's body having breasts, a

vagina, and a clitoris. Tucker uses a "binder" to flatten the breasts to the body to minimize

their appearance. "[A] 'binder' is a piece of clothing used by individuals to 'bind' their breasts

down." Gere v. United States, United States Air Force Court of Criminal Appeals, Misc.

Dkt. No. 2020-06, 2021 CCA LEXIS 10, *4, fn. 5 (Jan. 12, 2021).

{¶ 3} Prior to their meeting, Tucker and Uhl messaged on Grindr and Snapchat for

approximately one hour. "Grindr is a location-based social networking and online dating

application targeted towards members of the gay, bisexual, transgender, and queer

community." Read v. State, Md.App. No. 1051, 2023 Md.App. LEXIS 472, *2, fn.1 (July 18,

2023). "Snapchat is a social media platform that allows participants to send pictures and

text messages to each other." Hamilton v. Combs, 12th Dist. Butler No. CA2018-02-026,

2019-Ohio-190, ¶ 2, fn. 1, citing State v. Hunter, 11th Dist. Lake No. 2017-L-081, 2018-

Ohio-5325, ¶ 2. "'[O]ne of its core concepts [is] that any pictures, videos or messages sent

between users are only available for a short time before they are deleted or otherwise

become inaccessible.'" State v. Jewell, 12th Dist. Warren No. CA2021-09-080, 2022-Ohio-

2727, ¶ 3, fn. 1, quoting Bollinger v. Ohio Dept. of Edn., 3d Dist. Marion No. 9-18-07, 2018-

Ohio-3714, ¶ 5, fn. 2.

{¶ 4} There is no dispute that, outside of this brief period of social media messaging,

Tucker and Uhl did not know each other and had never seen or encountered each other

-2- Butler CA2023-05-052

before exchanging messages on Grindr and Snapchat. The record indicates that this

includes Tucker and Uhl never meeting or interacting with each other while on the Miami

University campus. There is also no dispute that, following their brief period of social media

messaging, Tucker and Uhl agreed to meet at Tucker's apartment to engage in a

consensual and negotiated sexual encounter. There is further no dispute Uhl has since

been fired from his position as a part-time yoga instructor on the Miami University campus

and is no longer employed by Miami University in any capacity.

Facts and Procedural History

{¶ 5} On January 11, 2023, Tucker filed a petition for a civil sexually oriented

offense protection order against Uhl. Tucker filed the petition in accordance with R.C.

2903.214(C)(1). Pursuant to that statute, a person may seek a civil sexually oriented

offense protection order for himself or herself by filing a petition with the court of common

pleas in the county in which the person to be protected resides that either contains or states:

[a]n allegation that the respondent is eighteen years of age or older and * * * committed a sexually oriented offense against the person to be protected by the protection order, including a description of the nature and extent of the violation[.]

The petitioner must also make "[a] request for relief under this section." R.C.

2903.214(C)(3). For purposes of this section, the phrase "sexually oriented offense" has

the same meaning as in R.C. 2950.01. R.C. 2903.214(A)(6). R.C. 2950.01 defines

"sexually oriented offense" to include the offense of sexual imposition in violation of R.C.

2907.06.

{¶ 6} To support the petition, Tucker alleged that Uhl had committed a sexual

assault during their sexual encounter approximately ten days earlier on the evening of

January 1, 2023. Because of this alleged sexual assault, Tucker requested the trial court

direct Uhl not to enter onto the Miami University campus. This included the Miami University

-3- Butler CA2023-05-052

campus fitness center where Uhl previously worked part-time as a yoga instructor. Upon

receiving Tucker's petition, the trial court granted Tucker a temporary ex parte civil sexually

oriented offense protection order against Uhl. This was done in accordance with R.C.

2903.214(D)(1). After granting Tucker this temporary ex parte order, the trial court then

scheduled the matter for a full hearing to take place on January 25, 2023.

{¶ 7} On January 25, 2023, the parties appeared for the previously scheduled full

hearing. However, upon the opening of this hearing, Uhl's counsel sought clarification of

the allegations Tucker had levied against his client. Uhl's attorney made this request after

notifying the trial court that the "additional page" Tucker claimed to have attached to the

petition setting forth the allegations against Uhl had apparently been omitted from that filing.

Tucker, who was at that time appearing pro se, responded that any such omission was an

accident and thereafter provided a copy of that missing page to Uhl and Uhl's attorney. The

trial court accepted Tucker's explanation and admitted the missing page as a "supplement"

to Tucker's petition, within which Tucker alleged, in pertinent part, the following:2

The respondent, Nathan Uhl, sexually assaulted me around 8pm-10pm the night of January 1st, 2023. I met Uhl on Grindr which is where we agreed to meet up on. I then added him on Snapchat. I invited Uhl over to my apartment. Once Uhl got to my apartment, we went to my room. We smoked cannabis then started making out. I then went down on him and began giving oral sex. We discussed my nipples and breast tissue and how I was not comfortable with him touching them. He explained how he was into nipples. We continued making out and he then began rubbing his penis against my dick. He then gave me head and sucked on my dick. He then went back to grinding against my dick with his penis. Sometime [later] he lifted my binder up and sucked on my right nipple. He then continued grinding against me. He then slipped his dick into my vagina and began penetrating me. I froze and was not responding. After a while he stopped, asked if I was okay. I then told him "I wanna say yes but no" and then asked him to leave.

2.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gherman v. Culberson
2025 Ohio 4513 (Ohio Court of Appeals, 2025)
T.O. v. T.G.
2024 Ohio 4510 (Ohio Court of Appeals, 2024)
Kronk v. Getts
2024 Ohio 1516 (Ohio Court of Appeals, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
2023 Ohio 3680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-uhl-ohioctapp-2023.