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