The Ohio Supreme Court ruled Tuesday that a trial court may not enhance a defendant’s sentence for rape by force without the jury first considering evidence of the use of force.

The trial court sentenced defendant Adam Bowers to 25 years to life for rape under R.C. 2971.03(B)(1)(c), finding that he “had compelled the victim to submit by force.” However, the question of whether Bowers used force was not submitted to the jury; the jury only found that Bowers was guilty of rape and that the victim was younger than 10 years old.

The Ohio Supreme Court reviewed the case on its fourth appeal and found that the issue of “force” is a question of fact that must be submitted to the jury for consideration:

We agree with Bowers that a sentence of 25 years to life under R.C. 2971.03(B)(1)(c) was not an option in the absence of a finding that the victim was compelled to submit by force or that one of the other factors under that provision was present. Furthermore, under the plain text of R.C. 2971.03(B)(1) and Alleyne, the imposition of a sentence of 25 years to life based on such a finding by the trial court raises the mandatory minimum sentence to 25 years and, therefore, the finding must be made by the jury.

The court stated that the intermediate appeals court’s conclusion “that the trial court had found that Bowers used force was incorrect; no such finding had been made.” The court’s ruling means that the prosecution must present the jury with additional evidence of force aside from the victim’s age in pursuing enhanced sentencing.