OH- Consensual -v- nonconsensual sexual conduct with a minor

9-21-2009 Ohio:

From The Briefcase:

For the crime of sexual misconduct with a minor — having sex with someone who’s between 13 and 15 — consent isn’t at issue. Under the Adam Walsh Act, though, a person convicted of that crime is a sex offender who has to register if the sexual conduct was “non-consensual,” and doesn’t have to register if it was.

So does that mean that a court must conduct a hearing to determine whether the defendant’s conduct was nonconsensual, even if it wasn’t an element of the crime? Yes, says the 9th District in State v. Battistelli (Ohio case).

Uh, guys, there’s another term for nonconsensual sexual conduct with a minor — or with anyone else, for that matter. It’s called “rape.”