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State v. Curd12/30/2004
{ } Appellant, Christopher R. Curd, appeals from a judgment of the Lake County Court of Common Pleas, sentencing him to ten years imprisonment for his conviction on one count of rape, a felony in the first degree, in violation of R.C. 2907.02(A)(2). For the reasons set forth below, the judgment of the trial court is affirmed.
{ } The charges in this case arise from an offense that occurred at a party on the night of August 16, 2002, and the early morning hours of August 17, 2002. Appellant was eighteen at that time. The record included the hearing transcript, presentence report (which included the official police version of the offense), and psychological report. It reveals the following facts.
{ } Appellant and the victim, a fifteen-year-old girl, met each other for the first time on August 16, 2002, at a party on South St. Clair Street in Painesville, Ohio. The party continued into the morning hours of August 17, 2002. The party was thrown by individuals in their twenties and thirties who supplied alcohol to the underage partygoers. The victim attended the party with her younger brother (the "brother"), who was approximately fourteen years old at the time. The victim admitted voluntarily drinking rum, root beer schnapps, and beer. Appellant had consumed about six to eight beers and six to eight shots of liquor, and he was smoking marijuana.
{ } At the party, appellant got into a fist fight with a friend of the victim, J.U., and had dirty clothes and a smear of blood on his neck as a result. After this, according to the testimony of K.W., a friend of appellant, the victim was "hugging" and "staying around" appellant. The victim, however, stated that she had been trying to stay away from appellant because he had gotten into a fight with J.U.
{ } The party continued, and someone yelled that the police had arrived. The victim decided to go into the back yard to hide in a shed. The victim remembered appellant slamming her against a parked van near the shed and then falling to the ground. Then she only remembered pain and discomfort in her vagina and then being at Rainbow Babies and Children's Hospital, to which she was admitted on August 18, 2002, after being transferred from Lake East Hospital. The victim denied consenting to sexual relations.
{ } Statements from appellant and witnesses reveal how the offense occurred and what ensued afterwards. Appellant provided his version of events to the police. In doing so, he confessed to numerous incriminating facts, summarized as follows.
{ } According to the official police version of the offense, appellant knew that the victim was intoxicated, as he stated that the victim was a "stupid drunk." Appellant claimed that she consented to sexual intercourse. Appellant also claimed that the victim followed him around the party, and they walked back toward the darkened part of the driveway. He stated she unbuckled his pants and started to give him oral sex. Then he stated he unbuckled her pants, and she took her pants off. He pulled her to the ground, they had intercourse for about fifteen minutes, and then he started to fondle her vagina. He said that he was very aroused and took his left hand and placed it inside her vagina. Appellant stated that he was able to put his whole hand inside of her up to his fist, and then he began moving his hand around.
{ } Appellant admitted the victim said that it hurt and told him to stop. Despite this, appellant stated that he continued. After the victim told him a second time to stop because it hurt so much, appellant took his hand out and began to have sexual intercourse with the victim again. Appellant reported that the victim then passed out
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