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Dorsey v. State

The trial court properly admitted the victim's prior consistent statement to defeat a claim of recent fabrication.

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In 2000, defendant Byron Joseph Downey, Jr. was accused of aggravated assault, battery, aggravated sodomy, and rape. At the Hall County jury trial, the defendant’s former wife and victim, a woman with whom he had continued to live after being divorced, testified that the defendant picked her up from a Gainesville hotel where she spent the night with two male strangers, took her to their residence, beat her, and, while holding a knife on her, forced her to sodomize him orally and to submit to anal and vaginal intercourse with him. A Hall County jury convicted the defendant of one count of aggravated assault and one count of battery only. The defendant was sentenced concurrently to twenty years confinement, to serve six, and the remainder probated. Held:

1. After the events in issue occurred, the victim was admitted to a shelter for battered women. On direct examination of the shelter’s intake clerk and over the defendant’s objection, the trial court allowed the State to introduce the victim’s statement on admission as to what brought her to the shelter—this as consistent with her testimony on direct. Cuzzort v. State, 254 Ga. 745 334 SE2d 661 1985. The statement was as follows:

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