Burnside v. State, 472 S.W.3d 497

Appellant Matthew Burnside was convicted by a Faulkner County jury of two counts of rape and one count of second-degree sexual assault for acts occurring in 2011–2012 when the victim (M.H.) was 12–13 years old.
M.H. testified that Burnside had sexual intercourse with her about five times in three locations (truck, camper, and house); she defined "sex" at trial as penis inserted in the vagina and described the first incident in detail.
After a later attempted touching, M.H. disclosed the abuse to friends and a school counselor; those witnesses and a sexual-assault nurse examiner testified consistent with her report.
The nurse examiner noted a physical finding consistent with the allegations; the opinion acknowledged that most child victims with past penetration have normal exams but that M.H.’s exam supported her account.
Burnside challenged the sufficiency of the evidence on appeal, arguing M.H.’s testimony lacked sufficient detail to establish rape.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether substantial evidence supported the rape convictions	State: M.H.’s testimony (she defined sex as vaginal penetration and identified multiple incidents/locations) satisfied statutory elements and is sufficient without corroboration	Burnside: Victim’s testimony was too vague and lacked detailed, unprompted descriptions to prove penetration and support convictions	Affirmed: Victim’s testimony describing penetration satisfied elements of two rape counts; substantial evidence supported convictions

Price v. State, 377 S.W.3d 324 (Ark. Ct. App. 2010) (victim testimony alone can suffice to prove rape and need not be corroborated; time and place need not be precisely proven)
Kelley v. State, 292 S.W.3d 297 (Ark. 2009) (credibility determinations are for the jury)