☢ test - Í

sexual assault or completed rape to be admissible . [Cit.]” Accord, Ingram v. State , 280 Ga.App. 467, 634 S.E.2d 430 (June 26, 2006); Coleman v. State , 284 Ga.App. 811, 644 S.E.2d 910 (April 6, 2007) (prior incident of following female jogger and making lewd gesture at her was admissible in prosecution for aggravated sexual battery of female jogger which also involved lewd gesture); Breland v. State , 287 Ga.App. 83, 651 S.E.2d 439 (August 1, 2007) (teenage girls all choked, moved to remote location, raped, wiped with shirt, similar threats if reported); Walley v. State , 298 Ga.App. 483, 680 S.E.2d 550 (June 23, 2009) (attacks against “females with whom Walley had a previous good relationship and over whom he had a position of authority.”); Blanch v. State , 306 Ga.App. 631, 703 S.E.2d 48 (October 27, 2010) (in aggravated assault prosecution, threatened assaults interrupted by prison guards properly admitted; heterosexual rape properly admitted although offense charged was homosexual, “particularly in light of Blanch’s trial testimony that he was bi- sexual.”); Alvarez v. State , 309 Ga.App. 462, 710 S.E.2d 583 (April 19, 2011); Reeves v. State , 294 Ga. 673, 755 S.E.2d 695 (March 3, 2014) (in prosecution for felony murder based on sexual assault, prior attempted rape properly admitted). Cook v. State, 276 Ga.App. 803, 625 S.E.2d 83 (December 12, 2005). Prior sexual battery of 16-year old was admissible in prosecution for molestation of nine-year old as “showing Cook’s lustful disposition toward molesting young girls.” Accord, Cline v. State , 300 Ga.App. 615, 685 S.E.2d 501 (October 27, 2009) (prior offenses against “six to eight year old” girl admissible in prosecution for molestation of defendant’s 16-year old daughter). Lewis v. State, 275 Ga.App. 41, 619 S.E.2d 699 (July 28, 2005). In defendant’s prosecution for child molestation and statutory rape, no error in admitting similar transaction evidence that “Lewis often had his older daughter and his step- daughter [the victim] sit in his lap, and he would also enter the girls’ bedrooms at night to rub their backs. The older daughter testified that while she was 16-years-old and living with Lewis, he would come into her bedroom at night to rub her back and would have her sit on his lap in his recliner while he rubbed her back and legs. In addition, an adult aunt testified that the older daughter told her that Lewis experienced erections while the older daughter sat in his lap.” “Lewis … argues that the back-rubbing and lap-sitting to which the older daughter testified are not sufficiently similar to the crime charged because they were merely acts of ‘fatherly love,’ with no ‘lascivious connotation.’ To show sufficient similarity, there need only be a logical connection between the independent act and the crime charged. … The resemblance between the nocturnal back-rubbings and the recliner lap-sittings involving both minor females provided ample similarity between the acts for the testimony to be admitted.” Howse v. State, 273 Ga.App. 252, 614 S.E.2d 869 (May 11, 2005). “[E]vidence of a sexual act against an adult woman may be admitted in the prosecution of a sexual offense against a minor child where, as here, there is sufficient similarity between the two acts. Satterwhite v. State, 250 Ga.App. 313, 316(2)(a) (551 S.E.2d 428) (2001); Rary v. State, 228 Ga.App. 414, 415(1)(b) (491 S.E.2d 861) (1997); compare Bloodworth v. State, 173 Ga.App. 688, 689(1) (327 S.E.2d 756) (1985) (‘pass’ at adult woman not sufficiently similar to sexual molestation of 6-year-old). ‘There is no requirement that the prior crime or transaction be absolutely identical in every respect.’ (Footnote and punctuation omitted.) Williams v. State, 263 Ga.App. 22, 24(2) (587 S.E.2d 187) (2003).” Accord, Brown v. State , 275 Ga.App. 281, 620 S.E.2d 394 (July 28, 2005); Sands v. State , 291 Ga.App. 639, 662 S.E.2d 374 (May 22, 2008) (at trial for molestation of 12- and 14- year old victims, prior incidents of sexual battery against 17- and 23-year old victims was properly admitted); Murray v. State , 293 Ga.App. 516, 667 S.E.2d 382 (September 11, 2008) (at trial for aggravated assault with intent to rape 15-year old, simple battery of 18-year old was properly admitted); Walley v. State , 298 Ga.App. 483, 680 S.E.2d 550 (June 23, 2009) (similar acts against 22-year old, 12-year old); Gresham v. State , 303 Ga.App. 682, 695 S.E.2d 73 (April 13, 2010) (Defendant’s convictions for child molestation and statutory rape affirmed; similar transaction evidence involving 16-year old victim was properly admitted, though she was over the age of consent.). Page v. State, 271 Ga.App. 541, 610 S.E.2d 171 (February 9, 2005). Prior event was sufficiently similar: “Page lived with the victims’ mothers; the victims were left in his care; he pushed aside the victims’ clothing to assault them; he was discovered when family members walked in on him during the assaults; one victim was a child and the other had the mental capacity of a child.” Robinson v. State, 269 Ga.App. 828, 605 S.E.2d 422 (October 1, 2004). Fact that defendant claimed he was high on cocaine and thought victim consented to sex made it particularly appropriate to admit evidence of prior rapes for purposes of showing bent of mind, “lustful disposition, and to corroborate the victim’s testimony of no consent.” Flowers v. State, 269 Ga.App. 443, 604 S.E.2d 285 (September 2, 2004). Offenses were sufficiently similar: same neighborhood, within a few days, same time of night, defendant wore similar clothes, committed in similar manner, used same crude language, both victims were familiar with defendant.

Made with FlippingBook Ebook Creator