Hardaway v. State

OPINION

Appellant was charged with sexual assault arising from an incident which occurred on June 6, 1993. Appellant, described as a “street person,” assaulted the victim by the dumpster at her apartment complex. Evidence produced at trial showed that the victim suffered multiple injuries during the assault, including bruises, scratches, a black eye, and a broken arm. Appellant denied harming the victim, and testified that the victim consented to having sex. At trial, the instructions to the jury included the following instructions:

*1210Instruction No. 4. In order to establish the crime of Sexual…