‘Very Bold Decision’: Ohio Supreme Court Voids Rape Conviction Because Victim Sat With Prosecutors

Ohio Supreme Court Justice Patrick Fischer said the majority's landmark decision "wields Lady Justice's sword to cut away the state's right to select a representative to aid it throughout criminal proceedings." Lady Justice image via Shutterstock

The Ohio Supreme Court voted 4-3 to reverse a man’s conviction for rape and kidnapping—a ruling that one defense lawyer called “a very, very bold decision.”

For the first time in its 220-year history, the state’s highest court was asked to consider whether a defendant was denied a fair trial because the crime victim was introduced as the prosecutors’ “representative” and then was allowed to sit at the prosecution table throughout the 2018 acquaintance-rape trial of Theodis Montgomery.