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Brown v. State

Court of Appeals of Georgia
Mar 14, 1984
317 S.E.2d 307 (Ga. Ct. App. 1984)

Opinion

68064.

DECIDED MARCH 14, 1984.

Rape. Liberty Superior Court. Before Judge Harvey.

John E. Pirkle, for appellant.

Dupont K. Cheney, District Attorney, Charles P. Rose, Jr., Assistant District Attorney, for appellee.


Gary Brown appeals his conviction of rape, enumerating as the sole alleged error the refusal of the trial court to admit certain evidence relating to the victim's sexual behavior. Held:

In a prosecution for rape, evidence of past sexual behavior of the complaining witness is admissible only if such behavior involved the defendant or if such evidence supports an inference that the defendant reasonably believed the complaining witness would have consented to his actions. See OCGA § 24-2-3; Grant v. State, 160 Ga. App. 837 (1) ( 287 S.E.2d 681) (1982). There was no showing that the appellant was aware of the past sexual behavior allegedly established by the evidence in question, nor was there any other basis upon which the evidence could have supported an inference that the appellant believed the victim consented to his actions. Accordingly, the trial court did not err in excluding this evidence.

Judgment affirmed. Shulman, P. J., and Pope, J., concur.

DECIDED MARCH 14, 1984.


Summaries of

Brown v. State

Court of Appeals of Georgia
Mar 14, 1984
317 S.E.2d 307 (Ga. Ct. App. 1984)
Case details for

Brown v. State

Case Details

Full title:BROWN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Mar 14, 1984

Citations

317 S.E.2d 307 (Ga. Ct. App. 1984)
170 Ga. App. 305

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