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Hill v. State

The 13-year-old victim's prior consistent statement, her trial testimony, her father's testimony and the defendant's confession to the responding officers that he had oral sex and intercourse with the victim supported his convictions for statutory rape and aggravated child molestation.

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A jury convicted Quentin Marcellius Hill of statutory rape and aggravated child molestation. Hill filed a motion for a new trial, which the trial court denied. On appeal, Hill challenges the sufficiency of the evidence. He further contends that it was plain error for the trial court to charge the jury that the prior consistent statements of the victim may constitute sufficient corroboration in a statutory rape case, and that his trial counsel was ineffective for failing to object to the charge. For the reasons discussed below, we affirm.

The evidence, construed in favor of the jury’s verdict, showed that on June 28, 2011, the 13-year-old victim was sitting alone in her mother’s car in a grocery store parking lot. Hill, who was 21 years old, parked his car next to the mother’s car where the victim was sitting and went inside the store. After leaving the store, Hill saw that the victim was still in the car and signaled for her to roll down her window. The victim complied, and Hill asked the victim her age. The victim told Hill that she was 13 years old. When Hill said that he did not believe her, the victim repeated her age, and Hill responded, “You’re young, but I still think you’re cute and I want to talk to you.” Hill and the victim then exchanged cell phone numbers, and the victim programmed Hill’s name and phone number into her cell phone.

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