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In the Interest of S. R. B

Court of Appeals of Georgia
Dec 10, 1993
439 S.E.2d 105 (Ga. Ct. App. 1993)

Opinion

A93A2489.

DECIDED DECEMBER 10, 1993.

Delinquency. Butts Juvenile Court. Before Judge Bartles.

Hemmann Hemmann, Paul E. Hemmann, for appellant.

Tommy K. Floyd, District Attorney, Gregory A. Futch, Kelley S. Powell, Assistant District Attorneys, for appellee.


S. R. B. was adjudicated delinquent because he committed an act which, if it had been committed by an adult, would constitute rape. He appeals, asserting the evidence was not sufficient to support the juvenile court's determination that S. R. B. was delinquent. Specifically, S. R. B. asserts that the evidence did not demonstrate that the victim was raped and that, even if it did, the evidence did not demonstrate that he participated in the crime. Held:

The victim testified that one Michael Banks forcibly placed his penis in her vagina against her will for a few seconds and that S. R. B. helped Banks to do so by holding her hands down. This evidence was more than sufficient to support the juvenile court's determination that S. R. B. was delinquent because he committed an act which would constitute rape if it had been committed by an adult. See Jackson v. State, 157 Ga. App. 604 (1) ( 278 S.E.2d 5) (penetration of female sex organ by male sex organ need be only slight to constitute rape); Ceaser v. State, 184 Ga. App. 599 ( 362 S.E.2d 156) (rape conviction is proper where defendant held down victim and his companions raped her). Although some contradictory evidence may have been presented, "`the credibility of the witnesses is for the judge's determination, where the trial judge hears the case without intervention of a jury.' [Cit.]" In the Interest of J. T. M., 200 Ga. App. 636, 637 ( 409 S.E.2d 256). See also Perry v. State, 154 Ga. App. 385 ( 268 S.E.2d 747) (testimony of victim is itself sufficient to sustain conviction of rape).

Judgment affirmed. Johnson and Blackburn, JJ., concur.

DECIDED DECEMBER 10, 1993.


Summaries of

In the Interest of S. R. B

Court of Appeals of Georgia
Dec 10, 1993
439 S.E.2d 105 (Ga. Ct. App. 1993)
Case details for

In the Interest of S. R. B

Case Details

Full title:IN THE INTEREST OF S. R. B., a child

Court:Court of Appeals of Georgia

Date published: Dec 10, 1993

Citations

439 S.E.2d 105 (Ga. Ct. App. 1993)
439 S.E.2d 105

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