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Nguyen v. State

The defendant forced the victim to engage in several acts of sexual intercourse at knifepoint after hiring her to cook, clean and process shrimp on his shrimp boat off the coast of Savannah.

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A Chatham County jury found Hung Van Nguyen guilty of rape, OCGA § 16-6-1.1 On appeal from the denial of his motion for new trial , Nguyen claims that i the evidence was insufficient to convict him of rape, ii the State failed to prove venue beyond a reasonable doubt, iii the trial court erred in failing to give a jury instruction on venue, iv the trial court erred by allowing his trial testimony to be replayed to the jury, and v he received ineffective assistance of counsel. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,2 the evidence shows the following. Nguyen operated a shrimp boat, the Star One, and fished off the coast of Savannah. On September 3, 1998, Nguyen hired the victim, an 18-year-old female, to help cook, clean, and process shrimp on his boat. Nguyen told her that she would be sleeping downstairs in a bunk bed and sharing a room with his nephew, Andy, while the boat was at sea, a period Nguyen anticipated to be between a week and ten days.

The victim arrived for work the next day at 5:45 a.m. The boat set out to sea and the crew netted shrimp until about 6:00 or 6:30 p.m. The victim ate dinner with Andy and then went to bed around 10:00 p.m. Andy went with the victim to their bedroom, but Andy told her that he was uncomfortable sleeping in the same room with a female, and he left to go sleep in the kitchen. Later that evening the victim was awakened by Nguyen, who had a hand on her breast and was kissing her on the mouth.

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