MARION, OH (MARION COUNTY NOW)—The Marion County Common Pleas Court has seen yet another dismissal of a first-degree rape case, continuing a pattern of delays and dismissals.

Clayton Mally, 31, was initially indicted by Marion County Prosecutor Ray Grogan on charges of alleged rape and gross sexual imposition in May 2023.

Nearly two years later, the case was resolved through a plea agreement that reduced the charges to a misdemeanor count of assault. This marks another instance of similar dismissals from Grogan’s office.

On April 4, Marion County Common Pleas Court Judge Todd Anderson granted Prosecutor Grogan’s request to dismiss the first-degree felony rape charge and the fourth-degree gross sexual imposition charge against the defendant.

The dismissal followed a negotiated plea agreement in which Mally pled guilty to the lesser charge in Municipal Court on March 31st. Court records show Mally pled guilty to assault, a first-degree misdemeanor, and was sentenced to 180 days in jail, with 177 days suspended.
In his ruling, Judge Anderson stated:

“Defendant pled guilty to the misdemeanor charge as part of a negotiated plea deal to resolve this case. The State confirmed that the Defendant pled guilty to the misdemeanor with the victim’s consent—a resolution allowing the victim to deliver a victim impact statement in court while sparing her the ordeal of a trial.”

The ruling emphasized the principle of Double Jeopardy, which ensures a defendant cannot be tried twice for the same offense. Judge Anderson concluded:

“The Court finds that the State has shown good cause for dismissal. Accordingly, based on the State’s motion, and for good cause shown, the Court hereby GRANTS the State’s motion and DISMISSES this case with PREJUDICE.”

Marion County Now reached out to Prosecutor Grogan, who provided the following statement:

“The victim and I worked out this resolution resulting in a conviction and an in-person apology, which, according to the victim, gave her the justice she sought and deserved. It also guaranteed the victim the ability to read her Victim Impact Statement directly to the Court in the presence of the Defendant. A trial would not have guaranteed her that ability. The Defendant has been convicted, and the victim was satisfied with the result. Justice was done.”
—Marion County
Prosecutor Ray
Grogan