Following his convictions for aggravated assault and sodomy1 and the denial of his motion for new trial, James William Jordan appeals and contends the trial court erred instructing the jury on the law of sodomy and by allowing evidence of a similar transaction. We agree that the trial court erred when it failed to respond to a question from the jury by informing the jury of the category of sexual acts decriminalized by our Supreme Court’s decision in Powell v. State, 270 Ga. 327 510 SE2d 18 1998, which amounted to Jordan’s sole defense to the sodomy charge. We therefore reverse Jordan’s conviction and remand for a new trial.
Construed in favor of the verdict, see Jackson v. Virginia, 443 U. S. 307 III B 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that the victim and Jordan ended their romantic relationship in mid-February 2009 but that the victim admitted having sex with Jordan twice in the 24 hours leading up to the incident at issue. On the evening of February 27, 2009, the victim, Jordan, and Liane Miller returned to Miller’s house following an evening at a local establishment. Miller asked Jordan to leave after he discharged a firearm in her house, and the victim left with him. The victim then walked a short distance to the place where she was staying, arguing with Jordan along the way. When the two reached the driveway, Jordan grabbed her hair and shirt, and when the victim resisted, her shirt came off. Jordan told the victim that he had a pistol in his pocket, and he ordered her to go with him to his camper located a short distance away and held her arm as they walked. In the camper, Jordan told the victim to undress, called her a whore, and ordered her to perform oral sex on him. When she refused, he forced her by putting a knife to her throat, and forced her movements during oral sex such that she sustained injuries and threw up. While still holding the victim at knifepoint, Jordan then attempted to have forcible anal sex with her. When that attempt was unsuccessful, Jordan held the victim against a wall by the neck with her feet off the ground and told her he was going to kill her if she left him. To escape, the victim told Jordan that she would call another woman so the three of them could have sex, and she called Miller to ask to borrow her car. When the couple returned to Miller’s house, Jordan asked Miller if he could use the car, but the victim signaled to Miller by putting her hands to her throat and shaking her head “no,” and Miller refused Jordan’s request. Jordan became angry, and the victim ran to the bathroom, locked herself in, and called the police. Jordan threatened to kick the door down, but the victim stayed in the bathroom until the police arrived and arrested Jordan.
