Haynes v. State, 326 Ga. App. 336

Darrion Haynes appeals the denial of his motion for new trial after a jury convicted him of rape, attempt to commit child molestation, and enticing a child for indecent purposes.
S. M. is Haynes’s younger half-sister; in 2006, when she was ten to eleven, she stayed at her paternal grandparents’ home and Haynes stayed there off and on.
During a late-2006 visit, Haynes pulled down his pants, hugged S. M., restrained her hands, and penetrated her vagina, which she described as painful and nauseating (the First Incident).
On another occasion, Haynes tried to force sex while S. M. was near a washing machine; they wrestled, and she escaped after resisting and pushing him away.
Following the incidents, S. M.’s mother observed behavioral changes; S. M. later was diagnosed with an STD, and a doctor testified that STDs can be asymptomatic in men.
S. M. testified in a videotaped interview about the incidents, and Haynes testified in his own defense denying the charges; defense emphasized inconsistencies in the victim’s statements.
The trial court admitted the evidence and instructed the jury; Haynes argued ineffective assistance of counsel on multiple strategic and evidentiary grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves force for forcible rape	Haynes argues insufficiency of force to prove rape.	State contends the victim’s testimony and surrounding circumstances establish force.	Evidence suffices to establish force beyond reasonable doubt.
Whether a juror with prior victimization should have been excused for cause	Haynes argues Juror No. 23 was biased and should have been stricken for cause.	State contends the court did not abuse discretion; juror could be impartial and compartmentalize.	No abuse of discretion; juror could be fair and impartial.
Whether trial counsel rendered ineffective assistance	Haynes contends failures to call an expert, cross-examine the interviewer, and cross-examine the victim denied effective assistance.	State asserts decisions were reasonable trial strategy and not deficient performance.	No ineffective assistance; strategy reasonable and sufficiently supported.

State v. Collins, 270 Ga. 42 (1998) (force element in rape cases against a minor can be proven by minimal evidence)
Drake v. State, 239 Ga. 232 (1977) (force element requires more than standard consent considerations)
Watson v. State, 304 Ga. App. 128 (2010) (victim’s testimony alone can prove rape; lack of bodily injury not fatal)
Bradberry v. State, 297 Ga. App. 679 (2009) (victim’s description can authorize inference of force)
Roberts v. State, 242 Ga. App. 621 (2000) (circumstances may support force finding even absent physical evidence)
Casey v. State, 237 Ga. App. 461 (1999) (victim’s statements and requests to stop support force finding)
Brown v. State, 243 Ga. App. 632 (2000) (judge may assess juror impartiality; willingness to compartmentalize)
Foster v. State, 271 Ga. App. 426 (2005) (no abuse of discretion in not excusing a juror with related experience)
Dickens v. State, 280 Ga. 320 (2006) (trial strategy and witness decisions fall within trial counsel’s discretion)
Wade v. State, 305 Ga. App. 382 (2010) (trial strategy can justify not calling expert testimony)
Pearce v. State, 300 Ga. App. 777 (2009) (no abuse where juror’s experience did not preclude fairness)