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Richardson v. State

The interviewing officer explicitly misled the defendant into believing that the decision to arrest and charge him would hinge upon the content of his interview.

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A Gwinnett County jury found Willie Richardson guilty of rape and aggravated sexual battery. He appeals, claiming that the trial court erred in permitting the introduction of his statement to the police and that he received ineffective assistance of counsel at trial. For the reasons that follow, we affirm Richardson’s conviction. Following the sexual acts Richardson perpetrated against the female victim, she reported the incident to the police. Investigation corroborated portions of the victim’s version of event, including Richardson’s admissions to at least two other people that he had sex with the victim while she was highly intoxicated. Investigation also showed that the victim suffered a laceration in her vaginal area and bruising around her arms as a result of Richardson’s acts.

Further investigation of Richardson’s admissions to others showed that Richardson believed his sexual encounter with the victim was consensual; that the victim had indicated she wanted to have sex with Richardson when she “raised up, turned around” and made her body available for a sexual encounter; and that during the sex act, the victim suddenly “freaked out” and “just went berserk.”

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