Legal Opinion · Dissent

Clayborn v. State

Supreme Court of Arkansas

Decided March 7, 1983No. CR 82-123Published

1DissentSteele Hays, Justice

I wholly disagree that deviate sexual activity by the appellant was not sufficiently proved because the victim did not state specifically that her vagina was penetrated by her assailant’s tongue. That seems needlessly explicit. Her testimony that she was forced to submit to the appellant’s having torn off her panties, “licked my bottom”, “messed around awhile”, and then raped her, ought to satisfy even the most meticulous appellate review. I can see nothing to be gained by requiring this seventy-eight year old victim to undergo another public description in fine detail of a revolting and…

2Cases cited9 opinions

  1. Gardner v. StateSupreme Court of Arkansas · 1978
  2. Hamblin v. StateSupreme Court of Arkansas · 1980
  3. Hice v. StateSupreme Court of Arkansas · 1980
  4. Whitmore v. StateSupreme Court of Arkansas · 1978
  5. Poe v. StateSupreme Court of Arkansas · 1910

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