Jordan v. State
317 Ga. App. 160
| Ga. Ct. App. | 2012Background
- Jordan was convicted by a jury of rape, two counts of aggravated child molestation, and two counts of child molestation involving his ex-girlfriend’s daughter, A.L.
- The household under scrutiny included domestic violence incidents and prior sexualized conduct by Jordan and the mother; A.L. disclosed Jordan’s molestation after being confronted by her mother.
- A.S.N.E. examination corroborated A.L.’s disclosures of intercourse with Jordan, including a two-centimeter laceration inconsistent with vaginal healing norms.
- Photographs of Jordan’s penis revealed a mole matching A.L.’s description; A.L. described semen, multiple sexual positions, and other sexual acts by Jordan.
- Jordan was indicted on multiple charges, and the jury convicted him on all but one count (aggravated sexual battery).
- On appeal, the court reviews the evidence in the light most favorable to the verdict and does not reweigh witness credibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to support forcible rape? | Jordan's lack of physical/DNA evidence negates sufficiency | Sufficient testimonial and medical evidence establish rape | Yes, evidence enough to sustain rape conviction |
| Is the evidence sufficient for the two child molestation counts (hand on penis and masturbating in front of A.L.)? | A.L.’s testimony alone is insufficient without physical corroboration | A.L.’s testimony plus SANE findings support both counts | Yes, evidence supports both counts of child molestation |
| Is the evidence sufficient for aggravated child molestation (oral sex acts)? | Oral sex is not corroborated by physical evidence | A.L.’s testimony and SANE corroborate the act | Yes, evidence supports aggravated child molestation convictions |
Key Cases Cited
- DeLong v. State, 310 Ga. App. 518 (2011) (evidence standard; no weighing of credibility required)
- Haynes v. State, 302 Ga. App. 296 (2010) (single-witness sufficiency principle noted)
- Bradberry v. State, 297 Ga. App. 679 (2009) (sufficiency of direct and circumstantial evidence in rape cases)
- Hutchens v. State, 281 Ga. App. 610 (2006) (rape evidence sufficiency when victim’s testimony shows force/pain)
- Brown v. State, 293 Ga. App. 633 (2008) (victim’s testimony can sustain conviction without physical evidence)