Williams v. State
Decision Date | 08 August 2001 |
Docket Number | No. A01A1342.,A01A1342. |
Citation | 251 Ga. App. 137,553 S.E.2d 823 |
Parties | WILLIAMS v. The STATE. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Mike L. Randolph, Macon, for appellant.
Howard Z. Simms, Dist. Atty., Graham A. Thorpe, Dorothy A. Vinson, Asst. Dist. Attys., for appellee.
Emanuel Williams appeals his rape conviction, contending the trial court erred in ruling that Williams could not cross-examine the victim regarding a prior rape allegation. Because this evidence was inadmissible under the Rape Shield Statute, we affirm the conviction.
The victim testified that she talked to Williams and his co-defendant, Larry Simmons, over the phone while they were at her boyfriend A.B.'s house. She had never met them, but one of them used to date A.B.'s sister. The victim accepted the defendants' offer to come to her house and drive her back to A.B.'s, because she did not have a car and A.B. did not have money for her cab fare.
The defendants drove the victim down a dark dirt road to an abandoned trailer in the middle of the woods. Simmons broke the door to get in, and Williams pulled her from the car and carried her into the trailer. Once inside, Williams directed Simmons to hold the victim down while he pulled off her shorts, tore her underwear, and put his penis inside her. The victim testified she was crying and telling the defendants to stop, but at 100 pounds she was overpowered. When Williams finished, he and Simmons laughed and said "that's how they brother did it" or something to that effect. Simmons had sex with the victim. When he finished, he went outside. The victim stood in the corner crying while she tried to put her shorts back on, and Williams pushed her to the floor and had sex with her again. After he finished, both defendants left the victim in the unheated, unlit trailer with no transportation. She dressed and after 15 or 20 minutes made her way to the house of a stranger, who called the police for her. The police came and took her first to the station, then to the hospital, where she was examined. The DNA of sperm found in her vagina matched both defendants' DNA, according to a laboratory report that the parties stipulated into evidence. The victim testified she was in great pain for a week or two afterward.
Williams made a statement after his arrest, which a police investigator read into the record. Williams admitted having sex with the victim in an abandoned trailer, but claimed it was consensual. After the victim had voluntary sex with Simmons, Williams said he told her he did not have enough gas to take her back to her house, so he and Simmons left her there.
Simmons testified at trial, contending that the victim consented to have sex with him after she had sex with Williams. After they had intercourse, she declined to give him oral sex so he went outside and waited in the car. Williams came out of the trailer, said he did not have enough gas to take the victim home, and the two drove away. During Williams' cross-examination of the victim, his counsel notified the court outside the jury's presence that he planned to ask her about a previous rape. The following exchange ensued:
After hearing from the State, the court held, Williams responded,
Williams cites Raines v. State, 191 Ga.App. 743, 745(2), 382 S.E.2d 738 (1989), and Lemacks v....
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Bass v. State
...for nonchastity or preoccupation with sex, or to show that the victim was ‘confused.’ " (Citations omitted.) Williams v. State , 251 Ga. App. 137, 140, 553 S.E.2d 823 (2001), overruled on other grounds, State v. Burns , 306 Ga. 117, 829 S.E.2d 367 (2019). Here, as Bass states in his brief, ......
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State v. Burns
..., 265 Ga. App. 605 (2), 595 S.E.2d 93 (2004) ; Hall v. State , 254 Ga. App. 131 (1), 561 S.E.2d 464 (2002) ; Williams v. State , 251 Ga. App. 137, 140, 553 S.E.2d 823 (2001) ; Mills v. State , 251 Ga. App. 39 (2), 553 S.E.2d 353 (2001) ; Banks v. State , 250 Ga. App. 728 (1), 552 S.E.2d 903......