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State v. Hardie

141 Ohio App. 3d 1, 749 N.E.2d 792 (2001)

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State v. Hardie

Ohio Court of Appeals

141 Ohio App. 3d 1, 749 N.E.2d 792 (2001)

Facts

Mary Hardie (plaintiff) repeatedly sexually assaulted two of her 14-year-old male relatives. During the assaults, Hardie provided her victims with alcohol but did not use or threaten violence. The assaults involved both oral and penetrative conduct. Hardie continued to sexually abuse both boys until she was finally caught in the act. After Hardie was caught, she admitted knowing that her actions were wrong but placed the blame for her behavior on external factors and her poor self-esteem. Hardie had no prior criminal record. The State of Ohio (defendant) charged Hardie with two counts of corruption of a minor. At trial, the state presented expert testimony from Dr. James Harding. Dr. Harding applied the statutory recidivism factors and determined that Hardie was likely to continue sexually abusing minors. The trial court convicted Hardie, holding that Hardie was likely to reoffend and should be classified as a sexual predator. Hardie appealed, arguing that the trial court improperly classified her as a sexual predator.

Rule of Law

Issue

Holding and Reasoning (Kline, J.)

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