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Rodriguez v. State

The defendant could not assert a defense of coercion, since the evidence did not show that the victim forced him to have sex under a threat of present and immediate violence,.

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A Clayton County jury found Anaxi Rodriguez guilty of statutory rape OCGA § 16-6-3 a. On appeal, Rodriguez claims that the trial court erred in i refusing to charge the affirmative defense of coercion, and ii sentencing him for a felony where the indictment failed to designate the statutory rape count as a felony. We disagree and affirm because there was no evidence from which the jury could conclude that Rodriguez performed the act of intercourse under threat of immediate violence and because the indictment was sufficient to charge Rodriguez with felony statutory rape. Viewed in a light most favorable to the jury’s verdict Drammeh v. State , 285 Ga. App. 545, 546 1 646 SE2d 742 2007, the evidence shows that 18-year-old Rodriguez climbed through the bedroom window of his 12-year-old cousin, who was not his wife. They had sexual intercourse. Afterwards, the victim’s mother knocked on the door. Rodriguez hid in the closet. The victim’s parents discovered him and called the police.

1. Rodriguez claims that the trial court erred in refusing his request to charge the jury on the affirmative defense of coercion. We disagree. “Where an affirmative defense is raised by the evidence, including a defendant’s own statement, the trial court must present that defense to the jury as part of its charge.” Citation omitted. Jones v. State , 226 Ga. App. 619, 621 1 487 SE2d 371 1999.

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