Tucker v. State

Marshall, Justice.

This is a rape case which comes to this court by reason of the appellant’s attack on the constitutionality of the 1978 amendment to Code Ann. § 26-2001 (Ga. L. 1978, p. 3) which eliminates the requirement that "No conviction shall be had for rape on the unsupported testimony of the female.”

1. The appellant argues that the elimination of this requirement unconstitutionally shifts the burden of proof on the question of guilt-innocence to the accused male. In other words, the appellant argues that once the victim in a rape case makes the charge, the burden is then cast on the…