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Harvey v. State

The evidence supported the defendant's convictions for rape, incest and child molestation, despite the victim's recantation at trial.

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Following his conviction for rape, incest, and child molestation, Courtney Aloysius Harvey appeals the denial of his amended motion for new trial. In his sole enumeration of error, Harvey contends that the evidence was insufficient to support his conviction because the victim, K. H., denied at trial that any sexual contact occurred. For the reasons set forth below, we affirm. A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will.1 A father who engages in sexual intercourse with one he knows to be his stepdaughter commits incest.2 “A person who does any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy his own or the child’s sexual desires commits child molestation.”3 The evidence adduced at trial supports Harvey’s convictions on each offense.

On appellate review of a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only decide if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.4 Construed in the light most favorable to the jury’s verdict, the evidence adduced at trial showed that Harvey was K. H.’s stepfather and resided with the victim, her mother, and her siblings at the time that the acts of molestation occurred. Pursuant to OCGA § 24-3-16, which permits admission of hearsay statements of a child concerning acts of sexual contact or physical abuse, the state introduced evidence of out-of-court statements made by K. H. relating to sexual attacks upon her by Harvey.5 Testifying at trial were Toi Beavers, the school counselor at K. H.’s school; Brian Ray, a police detective in the Special Victims Unit of the Gwinnett County Police Department; and Denise Proto, a sexual-assault nurse-examiner at the Gwinnett Sexual Assault Center.

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