Cleveland appeals court overturns man's rape conviction

cleveland.com

An appeals court has overturned the conviction of Robin McClain, a Cleveland man who was found guilty of rape in a cold case from 2010. The decision was made by two judges from the 8th Ohio District Court of Appeals, who stated there wasn't enough evidence to prove the victim was substantially impaired at the time of the incident. McClain, 36, was convicted in January 2024 for raping a woman who claimed she could not remember what happened after taking a sip of her drink. He was sentenced to six years in prison. Investigators had linked him to the case in 2021 using genealogical DNA evidence. The victim did not remember much of the night, recalling only ordering food and a drink. Medical examinations later showed she had male DNA, but there were no tests for drugs since too much time had passed since the alleged assault. The appeal judges noted that the prosecution failed to prove McClain knew the victim was impaired. Judge Mary Boyle disagreed with the majority ruling, arguing that there was enough evidence to show McClain was aware of the victim's impairment. Prosecutors plan to ask the court to reconsider the ruling, maintaining that they disagree with the court's findings. McClain remains in custody while the case is reviewed further.


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