554 So. 2d 1123 | Ala. Crim. App. | 1989
In Ex parte Rodgers,
Sufficient substantive evidence exists to corroborate the victim's testimony and uphold the appellant's conviction. The victim's mother testified that she was not present when the offense occurred, but later that evening, following church, a friend, to whom the victim had earlier related the offense, told the victim's mother of her conversation with the victim. The victim's mother then took the victim to the hospital and then to the police station to file a complaint. She further testified that, although the appellant initially denied the incident, he subsequently admitted having laid his penis beside the victim's vagina. The emergency room physician testified that he used a "rape kit" in examining the victim and that he found a redness at the entrance of the vagina consistent with sexual intercourse. He further revealed that the hymen was absent; however, there was no sperm present.
The State also introduced a taped and transcribed statement made by the appellant to the police. In that statement, the appellant admitted having instructed the victim to remove her clothing. He said he then pulled his pants down and "touched" her vagina with his penis. He stated that after he inserted his penis and pulled it back out, he had the victim clean up. The appellant told the police that this act was an attempt to teach the victim how not to become pregnant.
According to §
In the case at bar, the victim's testimony was corroborated by that of other witnesses, as well as by the appellant's statement. Such corroboration was sufficient to support the victim's testimony, connect the appellant to the crime, and do more than raise a suspicion of guilt. See Flanagan v. State,
AFFIRMED.
All the Judges concur.