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Banks v. State

The victim's prior unprosecuted rape accusations were inadmissible in the absence of evidence that the accusations were false.

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A Walton County jury convicted Randy Banks of rape, OCGA § 16-6-1; aggravated sodomy, OCGA § 16-6-2; and aggravated assault, OCGA § 16-5-21. Following the denial of his motion for new trial, Banks appeals, challenging certain evidentiary rulings by the trial court; claiming there was insufficient evidence to support his convictions; and contending he was denied the effective assistance of counsel. Finding these assertions to be without merit, we affirm.

On appeal, the defendant no longer enjoys a presumption of innocence; moreover, this Court views the evidence in the light most favorable to the verdict, and does not weigh the evidence or determine witness credibility, but determines only if the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. McIntosh v. State, 247 Ga. App. 640 545 SE2d 61 2001. Viewed in this light, the evidence showed that on July 10, 1997, Banks entered the victim’s home without her permission. The victim did not know Banks but recognized him from the neighborhood. Banks held a knife to the victim’s throat, ordered her to lie on the bed, then raped and sodomized her. As he left, Banks tried to disable her telephone and threatened to return and kill the victim, her children and her mother if she reported the crime.

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