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Johnson v. State

Trial court properly excluded evidence that the 16-year-old rape victim had a 21-month-old child, since that evidence only raised an inference that she had a prior sexual relationship with someone other than the defendant.

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Timothy Johnson was tried before a jury and found guilty of the forcible rape of 16-year-old S. S.1 Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial revealed that S. S. recognized Johnson because “he used to go with her sister,” although she had never had a conversation with him. One day while S. S. was walking to the store, Johnson drove up beside her and started talking. He agreed to her request to drive S. S. to get something to eat, and she got in his car. On the way, Johnson “said he had to get something from his house,” and drove S. S. to his apartment.

Once inside, Johnson led S. S. to a back bedroom and told her “he wanted to have sex with her.” S. S. “told him no and that if he tried to touch her it would be rape,” but Johnson did not care; he would get off because he was a detective. Johnson “pulled down S. S.’s pants and tried to get on top of her.” He raised his hand and S. S. screamed. S. S. did not want to have sex with Johnson, and denied any prior sexual relationship with him. Johnson entered her vagina with his penis three times. He told S. S. to “shut up before he beat her to death and that if she told anybody that he was going to kill her.” S. S. kicked Johnson in the stomach and ran away. She found a telephone and called the police. At the police station, she told the police and her mother what had happened.

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