Brown v. State
319 Ga. App. 680
| Ga. Ct. App. | 2013Background
- Brown was convicted after a jury trial of two counts of rape and one count of child molestation under Georgia law.
- The victim is Brown’s stepchild, who began living with Brown and her mother in Gwinnett County when she was eight.
- In summer 2009 the victim testified Brown engaged in multiple sexual acts with her, including intercourse on five or six occasions, sometimes causing pain and bleeding.
- The victim feared Brown, did not want the acts to occur, and did not report them due to fear and concern for her family’s stability.
- In October 2009 the victim learned she was pregnant and later terminated the pregnancy; DNA testing linked Brown to the paternity with high probability.
- Brown challenged the conviction by moving for a new trial, which the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Directed verdict on rape counts | Brown: no evidence of force supports verdicts. | Brown argues lack of force requires acquittal. | No error; evidence shows force or fear sufficient for rape. |
| Lesser included offense instruction | Brown sought statutory rape as a lesser included offense of rape. | Statutory rape not a lesser included offense of forcible rape. | No error; statutory rape is not a lesser included offense of rape. |
| Closing argument scope | Brown could argue statutory rape was not charged and thus not proper for jury consideration. | Closing argument must derive from evidence and the court’s charge; separate uncharged offenses cannot be argued. | Trial court properly limited closing argument. |
Key Cases Cited
- Goss v. State, 305 Ga. App. 497 (Ga. Ct. App. 2010) (standard for reviewing conviction on appeal after presumption of innocence)
- Davis v. State, 292 Ga. App. 782 (Ga. Ct. App. 2008) (directed-verdict standard: sufficient evidence to sustain conviction)
- Bradberry v. State, 297 Ga. App. 679 (Ga. Ct. App. 2009) (force in rape can be established by intimidation and lack of consent)
- Matlock v. State, 302 Ga. App. 173 (Ga. Ct. App. 2010) (evince force through victim’s fear and prior experience; lack of resistance acceptable)
- Pendley v. State, 308 Ga. App. 821 (Ga. Ct. App. 2011) (undergirding that lack of physical injury does not preclude rape conviction)
- Harvey v. State, 295 Ga. App. 458 (Ga. Ct. App. 2009) (rape proof does not require injury; coercion or force may be shown by fear)
- Grayer v. State, 176 Ga. App. 248 (Ga. Ct. App. 1985) (separate offenses; statutory rape not a lesser included offense of rape as a matter of law)
- Mangrum v. State, 285 Ga. 676 (Ga. 2009) (statutory rape not a lesser included offense of forcible rape)
- Lipsey v. State, 287 Ga. App. 835 (Ga. Ct. App. 2007) (scope of closing argument; court charges control law; cannot add new law in closing)
- Morgan v. State, 267 Ga. 203 (Ga. 1996) (proper closing argument must derive from evidence and court’s charge)