Conviction of 2023 Rape upheld by Appellate Court

YOUNGSTOWN, Ohio – In January 2025, Thomas Spencer was found guilty of two counts of gross sexual imposition, both third-degree felonies, following a two-day trial before Judge Maureen Sweeney. The charges stemmed from Spencer’s sexual contact with a 7-year-old child in 2023.

Spencer appealed the conviction, raising several arguments, including claims that the child victim was not competent to testify, that his sex offender status had been improperly elevated, and that the evidence was insufficient to support the verdict.

Assistant Prosecutor Kristie Weibling prepared the Prosecutor’s Office’s response to Spencer’s appeal urging the Court to affirm the conviction. The Seventh District Court of Appeals rejected all of the defendant’s arguments. The court noted that the victim underwent a competency evaluation and was properly found competent to testify. It also concluded that sufficient evidence, including witness statements, supported the jury’s decision and described Spencer’s claim of insufficient evidence as “contradictory.”

The appellate court further upheld Spencer’s Tier III sex offender designation, explaining that his prior 2007 conviction already placed him in that category, and the law required that designation to continue.

Ultimately, the appeals court affirmed the trial court’s decision in full.

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