Williamson v. State
315 Ga. App. 421
Ga. Ct. App.2012Background
- Williamson was convicted by a Walker County jury of multiple sexual offenses against two girls, L.P. and B.E., involving acts in 2004–2005 and 2007–2008.
- L.P. testified about repeated acts of molestation at home; B.E. testified about kissing, intercourse, and sodomy with Williamson; a forensic interview and a sexual assault exam were introduced.
- There was no physical evidence tying Williamson to the offenses, and investigators did not collect semen or other materials from the home, explaining the time elapsed and living conditions.
- The State presented recordings of both victims’ forensic interviews and outcry witnesses to corroborate the victims’ testimony; vaccines and physical examinations showed limited if any independent physical corroboration.
- Williamson challenged the sufficiency of the evidence and moved for a mistrial after a police witness referenced his silence; the trial court denied both, and the trial proceeded to verdict, which this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Williamson contends the victims' testimony lacked corroboration and was undermined by inconsistencies and lack of physical evidence. | State asserts sufficient competent evidence supports each element of the crimes. | Evidence sufficient under Jackson v. Virginia. |
| Corroboration for statutory rape conviction | Corroboration for BO.E.’s statutory rape conviction is inadequate. | Evidence including sister’s testimony, outcry, interviews, and the medical exam provide corroboration. | Sufficient corroboration supports statutory rape conviction. |
| Credibility determinations by jury | Victims’ testimony was inconsistent and should have undermined conviction. | Jury resolves credibility; appellate review deferential to jury’s assessment. | Court defers to jury; no reversible error in credibility determinations. |
| Mistrial denial due to invocation of right to remain silent | Investigator’s testimony about Williamson’s silence improperly commented on his Fifth Amendment rights. | No abuse of discretion; curative instruction given; comment not prejudicial. | No abuse of discretion; mistrial not warranted. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes standard for sufficiency of evidence review)
- Hammontree v. State, 283 Ga.App. 736 (Ga. App. 2007) (single-witness rule for some offenses; corroboration not needed for all)
- Davis v. State, 204 Ga.App. 657 (Ga. App. 1992) (corroboration considerations in statutory rape)
- Hill v. State, 295 Ga.App. 360 (Ga. App. 2008) (prior consistent statements as corroboration in statutory rape)
- Whitaker v. State, 283 Ga. 521 (Ga. 2008) (analysis of mistrial and silence-related comments)
- Weldon v. State, 270 Ga.App. 262 (Ga. App. 2004) (statutory rape corroboration and corroborative evidence)
- Falak v. State, 261 Ga.App. 404 (Ga. App. 2003) (corroboration and outcry evidence)