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11th District affirms Portage County child rape case
TRACEY BLAIR
Legal News Reporter
Published: February 22, 2018
The 11th District Court of Appeals recently affirmed the convictions of a Streetsboro man sentenced to 30 years to life for sexually assaulting a girl over a seven-year period.
Stephen Ross was convicted by a Portage County Common Pleas Court jury of one count of rape and three counts of gross sexual imposition. He was acquitted of two other rape counts.
On appeal, Ross argued his conviction was not supported by sufficient evidence.
At trial, the 11-year-old victim identified as “H.R.” testified her first memory of being abused by Ross was when she was 3 years old during a family vacation.
After that, her mother soon began taking the girl to see a series of therapists due to anxiety problems and behavior disorders.
At the age of 7, officials at her school claimed she had been “caressing” other students in a sexual way.
At the age of 8, a neighbor told her parents he caught H.R. and his daughter dancing in the garage, and H.R. had her underwear pulled down.
H.R. told the jury she was repeatedly subjected to inappropriate touching and kissing until she was 10, when she finally told her mother about the abuse.
The victim reportedly said, “Please don’t tell him. I don’t want him to know I told you. Just make it stop.”
The mother reported the incidents to Streetsboro police in 2015.
Case summary indicates a pediatric sexual assault nurse examiner named Carlyn Johnson conducted a medical examination of the child. Although the exam found no tears to her genitalia, Johnson noted that such tears normally heal within a few days.
Another expert said the girl’s symptoms were consistent with a child who experienced sexual abuse.
Ross took the stand on his own behalf to deny abusing H.R.
When asked by his attorney why the girl would make up the allegations, Ross said she may have seen something on the local news station about a principal who was caught soliciting sex from a 13-year-old.
However, 11th District Judge Cynthia Westcott Rice stated in her opinion that Ross’s own defense experts provided testimony that supported the state’s case.
For instance, Dr. Laurence Rosenberg, a pediatrician, testified on cross-examination that regressive behaviors like H.R. experienced, such as urinating problems and acting out by touching other children, are consistent with child sexual abuse.
Appellant’s second expert, a psychologist named Jolie Brams, testified in a similar manner.
Judge Rice added that Ross failed to present evidence of any inconsistencies in the victim’s testimony, or between her testimony and that of other witnesses.
“He argues that because H.R.’s doctors and therapists testified that H.R. did not report the abuse to them while they were treating her, this casts doubt on her credibility,” Judge Rice stated. “However, appellant’s own expert, Jolie Brams, psychologist, testified it is not unusual for a child sex abuse victim to delay reporting the abuse for years and it is also not unusual for the child to first disclose the abuse to a trusted adult, such as Mother, rather than to a medical provider.”
In addition, the appellate court noted that the trial judge struck Brams’ entire answer after the psychologist – who had never met the alleged victim -- improperly gave an opinion about H.R.’s difficulty with distinguishing reality from fantasy.
Brams found the girl was not credible because none of her therapists reported sexual abuse, she was diagnosed with mental health problems, her memory could not be trusted due to her young age when the abuse allegedly began, her “disclosure of sexual abuse lacked emotion” and H.R. had a “need for attention.”
The appellate court also rejected Ross’s argument that his trial lawyer was ineffective for failing to cross-examine H.R. about a recording she made telling the defendant she loved him.
Appellate Judge Diane V. Grendell concurred.
Eleventh District Judge Colleen Mary O’Toole dissented.
“I agree with appellant that his convictions are based on insufficient evidence, and are against the manifest weight of the evidence. I would reverse and remand,” Judge O’Toole wrote in her dissenting opinion. “The only evidence against appellant is the testimony of H.R. herself, and evidence that H.R.’s myriad behavior problems might be consistent with sex abuse.”
Judge O’Toole added that Brams’ testimony was critical since she is a nationally-recognized expert in child sex abuse.
“H.R. has been in counseling and treatment constantly since she was three years old,” Judge O’Toole stated. “She has worked with psychiatrists, psychologists and social workers. All were mandated reporters of suspected sex abuse. Nevertheless, during the seven years from the time she began treatment, until she disclosed her allegations to her mother, not one of these specialists even considered exploring the issue of sex abuse. Dr. Brams testified this is extraordinary.”
The case is cited State v. Ross, 2018-Ohio-452.