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Robinson v. State
708 S.E.2d 303
| Ga. Ct. App. | 2011
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Background

  • Robinson was charged with three counts each of child molestation and sexual battery; juries acquitted two counts and convicted two counts (two child molestation, two sexual battery).
  • Prosecution presented repeated incidents of alleged assaults on J.C., an 11-year-old girl, with multiple locations including Robinson's house, his car, and basement.
  • Trial court instructed to disregard evidence of J.C.'s past sexual conduct with her brother under misapplied rape shield theory, later recognized as error.
  • Evidence included police and counselor interviews detailing the alleged acts, some of which varied between preliminary reports and trial testimony.
  • Appellate court vacated convictions and remanded for new trial due to improper exclusion of evidence about the victim's prior sexual history and potential impact on the verdict.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether rape shield applies to this case Robinson argues shield statute does not apply to child molestation/sexual battery. State contends shield applies to all listed offenses, including child molestation. Trial court erred; shield does not apply to child molestation/sexual battery under current statute.
Whether exclusion of victim's prior sexual history was reversible error Excluded testimony could have supported defense Exclusion was proper under law Error prejudicial; convictions vacated and remanded for new trial.

Key Cases Cited

  • Abdulkadir v. State, 279 Ga. 122 (2005) (rape shield applies only to prosecutions for rape, not broader crimes; statute not to be expanded by courts)
  • Purvis v. State, 301 Ga.App. 648 (2010) (dicta about exceptions under rape shield in child molestation cases; not controlling here)
  • Gresham v. State, 281 Ga.App. 116 (2006) (limits and discretion in admitting evidence; relevance to rape shield)
  • Cantu v. State, 304 Ga.App. 655 (2010) (rape shield applicability to aggravated child molestation cases)
Read the full case

Case Details

Case Name: Robinson v. State
Court Name: Court of Appeals of Georgia
Date Published: Mar 18, 2011
Citation: 708 S.E.2d 303
Docket Number: A10A1968
Court Abbreviation: Ga. Ct. App.