319 Ga. App. 621
Ga. Ct. App.2013Background
- The 11-year-old victim visited her grandfather Freddie Joe Howard at his residence in July 2009, where she sat on his lap while he rubbed her leg and his hand moved under her shorts to touch her genital area.
- Howard threatened to hurt the victim if she disclosed the incident, and she later told her mother who reported the abuse to law enforcement.
- Howard was arrested and convicted of child molestation under OCGA § 16-6-4 (a) (1) based on the touching and intent to arouse sexual desires.
- Howard was also charged with aggravated sexual battery, but the jury found him not guilty on that count.
- On appeal, Howard contends the evidence was insufficient to sustain the conviction due to inconclusive medical evidence and alleged unreliability of the victim’s testimony.
- The appellate court affirms the conviction, applying the standard of review for sufficiency of evidence and upholding the jury’s credibility assessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to convict for child molestation | Howard: insufficient evidence due to inconclusive medical proof and credibility issues | State: uncorroborated child-victim testimony can sustain a conviction | Evidence sufficient; conviction affirmed |
Key Cases Cited
- Downer v. State, 310 Ga. App. 136, 712 SE2d 571 (2011) (un corroborated testimony can sustain a conviction)
- Stepho v. State, 312 Ga. App. 495, 718 SE2d 852 (2011) (sufficiency of testimony standard for sufficiency review)
- Bray v. State, 294 Ga. App. 562, 669 SE2d 509 (2008) (jury credibility determinations are for the jury)