Rape trial hinges on whether sex was consensual


Answer key to trial

By Greg Sowinski - gsowinski@civitasmedia.com



Ross McWay walks into an Allen County courtroom at the start of his rape trial Tuesday. McWay’ss lawyer told the jury the sex was consensual but the prosecutor said otherwise while telling the jury there are some unsavory facts in the case that they will hear.


Greg Sowinski | The Lima News

LIMA — Like so many rape cases that go to trial, the one against Ross McWay is going to boil down to whether the sex was consensual.

This case involves a series of messy circumstances, Assistant Allen County Prosecutor Terri Kohlrieser, was quick to tell the jury Tuesday during her opening statement. But she also emphasized no matter what happened, when the other person says “no” and does not want to have sex, it must stop or not take place.

McWay denies the allegations and the two counts of rape and one count of kidnapping. His lawyer said the sex was consensual.

Kohlrieser said McWay and the alleged victim met at Sportcaster’s bar after she recognized the man McWay was with and struck up a conversation. They talked and she asked him for crack cocaine, Kohlrieser said, explaining she is addicted to the drug.

“I told you during [jury selection] you’re going to hear things you probably never heard. I told you I’m going to take you into a world you might not know about,” Kohlrieser said.

Kohlrieser also said the alleged victim put herself in the situation but told the jury McWay had no right to have sex with her against her will.

“What you’re also going to hear is the law and regardless of mistakes she made that night and regardless of bad choices she made in her life, it is against the law to force someone to have sex with you,” Kohlrieser said.

McWay’s attorney, Stephen Chamberlain, said McWay never raped the alleged victim. He said she agreed to have sex. He also said most of the facts, all but whether the sex was consensual, are agreed upon by the defense and prosecution.

At the bar, the alleged victim paid McWay and was given crack cocaine. Eventually, the alleged victim left with McWay, they drove to his nephew’s home. McWay gave the alleged victim more crack cocaine but she didn’t have any money so she agreed to pay him in sex, which at that point, was consensual, Kohlrieser said.

During intercourse, she told McWay to stop and he did. A short time later, she wanted a ride home and McWay agreed, Kohlrieser said.

Rather than go directly to her home, McWay drove around Lima eventually ending up at a dead-end on North Shawnee Street near downtown. McWay wanted to continue having sex but the alleged victim told him no, Kohlrieser said.

“You will hear how he told her to shut up, stop asking questions and how he was going to get what she owed him,” Kohlrieser said. “This isn’t a case of some stranger reaching out of the bushes, grabbing you and throwing you in the car.”

McWay struck her in the face, choked her and told her he had no problem killing her, Kohlrieser said.

The alleged victim, fearing for her safety, did not resist McWay. When he eventually finished, she stepped out of the vehicle and ran to a nearby house seeking help, Kohlrieser said. Kohlrieser said that man who answered the door will testify about her demeanor as she stood on his porch.

McWay’s trial will resume Wednesday morning in Allen County Common Pleas Court.

Ross McWay walks into an Allen County courtroom at the start of his rape trial Tuesday. McWay’ss lawyer told the jury the sex was consensual but the prosecutor said otherwise while telling the jury there are some unsavory facts in the case that they will hear.
http://www.limaohio.com/wp-content/uploads/sites/54/2017/01/web1_Ross-McWay-4-.jpgRoss McWay walks into an Allen County courtroom at the start of his rape trial Tuesday. McWay’ss lawyer told the jury the sex was consensual but the prosecutor said otherwise while telling the jury there are some unsavory facts in the case that they will hear. Greg Sowinski | The Lima News
Answer key to trial

By Greg Sowinski

gsowinski@civitasmedia.com

Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.

Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.

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