Joiner v. State

A Fayette County jury convicted Antoine Joiner of aggravated child molestation and statutory rape against a twelve-year old girl. The superior court sentenced him consecutively to fifty years to serve. On appeal, Joiner contends that the evidence was insufficient to authorize his conviction for statutory rape because the State failed to prove that the victim was not his spouse. Joiner further contends that the superior court’s child molestation charge was error because it charged the entire Code section defining child molestation, exceeding the scope of the indictment, i. e. although the indictment charged Joiner with aggravated child molestation by an act involving sodomy, the superior court instructed the jury that child molestation could arise out of an act resulting in physical injury to the victim as well. Finding no error, we affirm. Held:

1. Joiner challenges the sufficiency of the evidence regarding his statutory rape conviction only with respect to the status of his victim as not his spouse. “A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse.” OCGA § 16-6-3 a.