Watson v. State

Hunstein, Justice.

Appellant Patrick Watson was convicted by a jury on two counts of sexual battery against his daughter, K. P, for acts committed when she was between the ages of 11 and 13. After the Court of Appeals affirmed Watson’s convictions, see Watson v. State, 329 Ga. App. 334 (765 SE2d 24) (2014), this Court granted certiorari to review the propriety of the trial court’s jury charge on sexual battery, to the extent it instructed that a victim under the age of 16 lacks the legal capacity to consent to sexual conduct. We now hold that this particular instruction is improper when given…