Bethel, Judge.Jerome Slaughter appeals the denial of his motion for a new trial following his convictions for one count each of rape, incest, and child molestation. Slaughter argues that the trial court erred because the State failed to prove venue as to all charges beyond a reasonable doubt, the jury was erroneously charged on venue, and he received ineffective assistance. For the reasons that follow, we affirm. “On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.” State v. Robinson, 275 Ga. App. 117, 117 (619 SE2d 806) (2005) (citation omitted). So viewed, the record shows that the victim, K. S., lived with her mother and saw her father, Slaughter, on weekends. K. S. testified that beginning when she was eight years old, her father would touch her private parts and have sexual intercourse with her, sometimes physically restraining her. These assaults occurred in DeKalb and Fulton county. The abuse continued for many years through the time K. S. turned twelve and reached sixth grade. K. S.’s three-year-old sister, T. S., also demonstrated signs of abuse. For instance, while showering with K. S., T. S. attempted to touch K. S.’s private parts. When asked who had showed T. S. how to do such a thing, T. S. responded “My daddy did.” K. S. eventually disclosed the abuse to her aunt, and then her mother. A physical examination of K. S. revealed that she had contracted a sexually transmitted infection. Slaughter was indicted on one count each of rape, child molestation, and incest. A jury found Slaughter guilty of all charges. Slaughter filed a series of motions for a new trial, which the trial court denied, and this appeal followed.1. Slaughter first argues that the State failed to prove venue in Fulton County for each of the charges beyond a reasonable doubt and that his motion for directed verdict and for a new trial should have been granted on these grounds. We disagree. Our Georgia Constitution requires that venue in all criminal cases must be laid in the county in which the crime was allegedly committed. Venue is a jurisdictional fact, and an essential element in proving that one is guilty of the crime charged. Like every other material allegation in the indictment, venue must be proved by the prosecution beyond a reasonable doubt. Proof of venue is a part of the State’s case, and the State’s failure to prove venue beyond a reasonable doubt renders the verdict contrary to law, without a sufficient evidentiary basis, and warrants reversal.
