Derr v. State
| Decision Date | 07 September 1977 |
| Docket Number | No. 32596,32596 |
| Citation | 239 Ga. 582,238 S.E.2d 355 |
| Parties | Robert Odell DERR v. The STATE. |
| Court | Georgia Supreme Court |
Oehlert, Kermish, Labovitz, Marcus, Brazier & Rosenberg, Stephen A. Kermish, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., Atlanta, William Ralph Hill, Jr., Atty., LaFayette, for appellee.
Appellant, Robert Odell Derr, appeals from his conviction of rape and sentence of twenty years. He admitted the act of sexual intercourse; the sole issue was the question of consent.
1. We have carefully reviewed the evidence and find that it supports the verdict. Lack of resistance, induced by fear, is not legally cognizable consent but is force. Curtis v. State, 236 Ga. 362, 363, 223 S.E.2d 721 (1976).
2. The appellant contends that the trial court erred in allowing testimony of the outcry because when first approached by a police officer in the presence of the appellant, the victim stated that nothing was wrong. However, the victim did make a declaration, approximately four minutes after leaving the scene of the rape to the first friend she encountered, that she had been raped. She thereafter informed her husband, doctor, and the police that she had been raped. The victim's doctor testified that she was in emotional shock at the time. See, Overton v. State, 230 Ga. 830, 199 S.E.2d 205 (1973); Conoway v. State, 171 Ga. 782, 156 S.E. 664 (1931).
Judgment affirmed.
All the Justices concur.
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Parker v. State
...on me or something". "Lack of resistance, induced by fear, is not legally cognizable consent but is force. [Cit.]" Derr v. State, 239 Ga. 582(1), 238 S.E.2d 355 (1977). This enumeration of error is without 2. Appellant cites as error the denial of his motion for new trial predicated on the ......
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Geckles v. State
..."consent" on the part of the victim to the sexual acts charged in the indictment was induced by fear. See generally Derr v. State, 239 Ga. 582(1), 238 S.E.2d 355 (1977). Therefore, the admission of this testimony was not violative of the holding in Momon v. State, 249 Ga. 865, 294 S.E.2d 48......
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...by fear, is force within the meaning of OCGA § 16–6–1(a)(1), and intimidation may be a substitute for force. See Derr v. State , 239 Ga. 582 (1), 238 S.E.2d 355 (1977) ; Curtis v. State , 236 Ga. 362, 362 (1), 223 S.E.2d 721 (1976). The victim's testimony that she did not consent to sex and......