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Cox v. State

In admitting evidence that the child molestation victim claimed to be sexually active, the trial court properly applied the Rape Shield Statute to exclude evidence that her sexual partner was her boyfriend.

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Following a jury trial, William Harold Cox appeals from his convictions of one count of child molestation, two counts of incest and three counts of aggravated child molestation. Cox contends that the trial court erred by: 1 denying his motion to quash the indictment which challenged the grand jury array; 2 overruling his challenge to the petit jury array; 3 excluding evidence that the victim was sexually active with her boyfriend; 4 admitting evidence of an incident between him and the victim which was not alleged in the indictment; and, 5 denying his motion for acquittal asserting that the State had failed to prove venue.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict. Brown v. State, 237 Ga. App. 761 516 SE2d 810 1999. So viewed, the evidence shows that Cox is the stepfather of the victim, whom he adopted when she was ten years old. The Coxes have lived in Valdosta, Georgia, in Lowndes County since 1987. Cox’s stepdaughter testified that Cox began molesting her when she was eleven, and that, when she was twelve, he had intercourse with her in their home. In the summer of 1996, she and Cox had oral sex and intercourse on several occasions at the Shoney’s Inn in Lake Park. She and Cox had oral sex and intercourse on several occasions in their home.

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