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Donaldson v. State

Trial court should have merged defendant's aggravated child molestation conviction into his rape conviction, since both charges were based on the same forcible act against the 15-year-old victim.

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A Chatham County jury found David Donaldson guilty of forcible rape,1 aggravated child molestation, and furnishing alcohol to a minor. He appeals. In consideration thereof, we find the following:

1. First, evidence is sufficient as a matter of law if, when viewed in the light most favorable to the verdict, “a rational trier of fact could find all the essential elements of the crimes charged beyond a reasonable doubt. Cit.” Elrod v. State, 238 Ga. App. 80, 81-82 517 SE2d 805 1999. In this case, the evidence is sufficient to withstand Donaldson’s challenge. The 15-year-old victim testified in detail regarding the act of forcible sexual intercourse the 45-year-old Donaldson perpetrated against her, after Donaldson first purchased a fifth of tequila which he shared with her.2 The victim testified that she attempted to push Donaldson off her and stated repeatedly “no,” “don’t,” “stop.” She later told an outcry witness that “he made me do it.” Medical evidence showed that the victim’s inner thigh was bruised; her external genitalia was swollen and red, causing “irritation and pain”; and she suffered an internal vaginal abrasion consistent with trauma.

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