Juvenile Law Center, along with the National Center for Lesbian Rights and the National Juvenile Defender Center, wrote a brief arguing that the strict liability rape statute was unconstitutional as applied to D.B. because it did not distinguish between children who are offenders and those who are victims. By not making that distinction, any child in a similar situation could be subject to arbitrary enforcement of the law.
Additionally, as a result of his adjudication for rape, D.B. would have been labeled and treated as a sex offender. If he moved to another state, he would have to register as a sex offender. Because of the nature of the offense, he would have been unable to expunge his juvenile record.
On June 8, the Ohio Supreme Court reversed D.B.’s adjudication, stating that the charge against D.B. was unconstitutional because it violated his right to due process and equal protection under the law.
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