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Patterson v. State

Evidence that the defendant threatened and coerced the child victims and that he used physical force against them justified the trial court's charge on aggravated sodomy.

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Lee Patterson was convicted of two counts of aggravated sodomy and one count of child molestation for acts committed upon his girlfriend’s five-year-old and ten-year-old daughters. In Patterson v. State, 237 Ga. App. 80 514 SE2d 873 1999, we affirmed the convictions, holding in Division 5 that the trial court was authorized to charge the jury on aggravated sodomy versus simple sodomy because of the victims’ ages. Id. at 83-84 5; see Luke v. State, 222 Ga. App. 203, 206 1 474 SE2d 49 1996.

In Brewer v. State, 271 Ga. 605, 607 __SE2d__ 1999, the Georgia Supreme Court overruled Patterson, Luke, and other similar cases to the extent they hold that one who commits an act of sodomy against an underage victim is, without more, guilty of aggravated sodomy. The Supreme Court held that the state must still prove force, even if the victim is underage. Id.

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