CRIMINAL LAW/LESSER INCLUDED OFFENSES:
POST-CONVICTION RELIEF:The sexual battery of one's child, as defined in R.C. 2907.03(A)(5), is not a lesser included offense of the rape of any child less than thirteen years of age under R.C. 2907.02(A)(1)(b).
In post-conviction proceedings, the doctrine of res judicata applies to bar a convicted defendant from litigating issues that were raised or could have been raised in the trial court or in a direct appeal from the trial court's judgment.