Vickers v. State

The defendant's admission that he had oral sex with the 13-year-old victim corroborated her testimony that the defendant offered her cigarettes in exchange for kisses and tried to have sex with her after she had taken a shower.

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A Floyd County jury convicted defendant of two counts of child molestation for sexual acts1 directed at J. B., his stepdaughter. He was sentenced to twenty years confinement to serve fifteen years, the remainder probated as to the first count, and to twenty years confinement on the second count to be served on probation consecutively. He now appeals, contending the evidence was insufficient to support his convictions because J. B.’s testimony was uncorroborated under the Child Hearsay Statute, OCGA § 24-3-162 , as not supported by sufficient indicia of reliability. Held:

The evidence shows that in June 1997, a school counselor reported to the Department of Family and Children Services DFACS that thirteen-year-old J. B. had revealed that the defendant, her stepfather, gave her cigarettes on the condition she kiss him—a single cigarette for a kiss on the cheek, a package of cigarettes for a french kiss. J. B. also indicated that defendant supplied her alcohol and allowed her to drive in exchange for kisses. At trial, J. B. pertinently testified that defendant began these things when she was twelve, that within a year defendant began touching her breasts and vagina, while “shaking and breathing hard” and on one occasion failing in an attempt to have sexual intercourse with her after she had taken a shower. This testimony was consistent with that of Sergeant Terri Davis of the Floyd County Police Department who testified that upon interviewing J. B. before trial, J. B. spoke of similar events. The State’s attorney played an audio tape of such interview at trial, without objection, following J. B.’s testimony. Therein, among other things, J. B. corroborated her mother’s testimony insofar as her mother testified that upon confronting defendant with his actions, he admitted having oral sex with J. B., explaining that he loved her.

Vickers v. State

The defendant's admission that he had oral sex with the 13-year-old victim corroborated her testimony that the defendant offered her cigarettes in exchange for kisses and tried to have sex with her after she had taken a shower.

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