Hilliard v. State

A Tattnall County jury found Robert Christopher Hilliard guilty of aggravated sexual battery1 and child molestation.2 On appeal, Hilliard argues that 1 the trial court erred by denying his motion for mistrial after a witness improperly testified about the victim’s credibility; 2 the trial court erred by failing to charge the jury on sexual battery3 as a lesser included offense to child molestation; 3 the trial court erred by allowing similar transaction evidence; and 4 the trial court erred by allowing, and trial counsel was ineffective for failing to object when the court allowed, testimony about the victim’s out-of-court statements prior to the victim’s testimony. For the following reasons, we affirm. The evidence presented at trial showed that the victim, J. C., who was 11 years old at the time of the incident, was Hilliard’s biological daughter. J. C. testified that on the night of August 29, 2006, and early morning hours of August 30, Hilliard entered her bedroom with a flashlight, and he reached under the covers, rubbed her buttocks, and inserted his finger into her anus. J. C. was awake during the encounter, but she feigned sleep, and Hilliard quickly left the room anytime she appeared to be stirring from sleep; however, he returned to her room and repeated the abuse throughout the night.

On the morning of August 30, J. C. told her mother, who initially disbelieved the child, about a portion of the night’s events; however, that same day, J. C. also reported the abuse to Dr. Martha Thrift, her school counselor. On August 31, 2006, a physical examination of J. C. showed redness of the anus, thick vaginal discharge, and a urinary tract infection, symptoms which were consistent with sexual assault as described by J. C. J. C. was interviewed at a child advocacy center by Gail Carter, and the interview was videotaped and played for the jury. Thrift and Carter testified about J. C.’s statements to them about the abuse, and the version of events to which J. C. testified in court was substantially similar to the events she described to Thrift and Carter.