Gordon v. State

Georgia's incest statute excludes half-blood relationships other than a half-blood brother and sister.

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A jury convicted Andre Gordon of child molestation OCGA § 16-6-4 a 1, aggravated sexual battery OCGA § 16-6-22.2, rape OCGA § 16-6-1 a 1, and incest OCGA § 16-6-22 a 6. Gordon was sentenced as a recidivist under OCGA § 17-10-7 to 20 years each for child molestation, aggravated sexual battery, and incest, to run consecutively to each other and concurrently with his sentence of life imprisonment without the possibility of parole for rape. He appeals the denial of his motion for new trial, arguing that 1 the evidence was insufficient to sustain his convictions for aggravated sexual battery, rape, and incest; 2 the statute of limitation had run on the aggravated sexual battery and incest counts; 3 a fatal variance existed between the dates charged in the indictment and the evidence adduced at trial; 4 the trial court erred in instructing the jury on the elements of rape; 5 and that he received ineffective assistance of counsel. Because Gordon’s relationship to the victim did not fall within the ambit of the incest statute, we reverse his conviction for incest and remand the case for resentencing. Gordon’s other claims, however, are without merit, and we affirm his remaining convictions.

Viewed in the light most favorable to the jury’s verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that when T. S. was 13 years old, Andre Gordon came to live with her family. Gordon began touching and interacting inappropriately with T. S., as will be detailed below. T. S. made outcry to her aunt and later to her mother, who called the police. The same day that the police were called, Gordon told T. S.’s stepfather that he had “messed with” his family. T. S. was examined by a nurse at a clinic for sexually transmitted diseases and at a hospital. The examinations showed that her hymen was not intact, but also showed no signs of bruising, tearing, or trauma consistent with sexual assault. T. S. indicated she had no sexual history prior to the incident with Gordon.

Gordon v. State

Georgia's incest statute excludes half-blood relationships other than a half-blood brother and sister.

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