The Ohio Supreme Court ruled June 5 that a Butler County judge acted improperly when he sealed records relating to a 2012 rape flier posted at Miami University.
Judge Robert Lyons ordered the records sealed after a student at Miami University was charged with and pleaded guilty to disorderly conduct for posting a flier listing the “Top Ten Ways to Get Away with Rape” in a coed residence hall bathroom at the school.
The case drew national attention, in part due to the graphic nature of the list, which included pointers like “If your [sic] afraid the girl will identify you slit her throat.” It also drew scrutiny for Lyons’ unusual move making the records in the case, and thus the student’s name, unavailable to the public.
The Cincinnati Enquirer sued to have the records released. After the suit was filed, Lyons allowed the student to withdraw his guilty plea. The state of Ohio then dropped its case against the student, and Lyons sealed the case again.
Misdemeanors require a one-year waiting period before cases can be sealed. Judge Lyons argued that this isn’t the case for minor misdemeanors like disorderly conduct. In a 5-2 ruling, the Ohio Supreme Court disagreed, holding that there is no such distinction.
The student left Miami shortly after the incident.