Jonathan Ray Miller Case Summary

MILLERSBURG — Does lack of consent, specifically one that includes repeated verbal rejections, equal force?

Holmes County Municipal Judge Andrew Hyde is contemplating just that as he takes under advisement whether enough evidence exists to bind over to the higher court the criminal case of Jonathan Ray Miller, who is charged with a single count of rape.

Miller, 20, of 10631 Gerber Valley Road, Sugarcreek, is accused of having unwanted sexual conduct with a fellow partygoer on Jan. 7.

If convicted of the first-degree felony, Miller faces up to 11 years in prison.

Testifying at a Wednesday preliminary hearing, the 20-year-old woman said she willingly kissed Miller and agreed to go with him into a bedroom, where she anticipated they'd continue

She testified she told him no an estimated 30 times, but he continued to remove her clothing and engage in sexual contact and conduct with her.

Eventually, she said, she escaped to and locked herself in a bathroom. However, the door's lock didn't work and Miller came after her, again making unsolicited advances on her.

“My intentions were just to make out with him,” she said, noting she never yelled for help and, because of his size, was unable to push him off of her.”

While she said Miller did not use force against her, she said, “he was forcing me to do those things by the fact I had told him 'no.'”

She testified she immediately told her mother and brother, but had to go through “prolonged therapy” before being able to talk about the incident and report it to law enforcement.

She admitted to drinking alcohol at the party, but said she was not very intoxicated and her alcohol consumption did not affect her memory of the

Asked about the allegations made by the victim, Henry testified, “He makes the comment he doesn't want to tell me what happened at the party because I would think he was guilty.”

Henry said Miller denied ever being told to stop.

In deciding whether to bind the case over to the Holmes County Common Pleas Court, Hyde said, “the question for the court is force or threat of force.”

The answer to the question, according to defense attorney John Johnson Jr., is in the victim's immediate “no” answer to Hyde's question about whether force was used.

Consequently, he said, the state failed to prove force.

But, Muzic said, “It's clear he forced himself upon her” in spite of her lack of consent and because she repeatedly told him to stop. “This all occurs after she explicitly tells him it is not consensual. He proceeded any way.”

The section of rape under which Miller is charged says, “No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of