State v. El-Berri

2008 WL 2764873 (2008)

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State v. El-Berri

Ohio Court of Appeals
2008 WL 2764873 (2008)

  • Written by Sharon Feldman, JD

Facts

Tamer El-Berri (defendant) was 31 years old and owned a business. One evening, El-Berri offered to drive home a 16-year-old who worked for him (the victim) because the victim lacked experience driving in snowstorms. El-Berri and his girlfriend were family friends of the victim’s mother. El-Berri asked if he could detour to his house to get something, and the victim agreed. El-Berri took the victim to his house, removed the victim’s clothes, forced the victim over the couch, and engaged in sexual intercourse with her. According to the victim’s mother, the victim was “white as a ghost, scared to death” when she arrived home. The victim testified that she was very scared, did not know what El-Berri was going to do to her, and did not want to have sexual relations with him. El-Berri was convicted of kidnapping and rape. El-Berri appealed, arguing that the trial court erred in denying El-Berri’s motion for acquittal.

Rule of Law

Issue

Holding and Reasoning (Kilbane, J.)

Dissent (Stewart, J.)

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