Trusty v. State

Judge Harold R. Banke.

Convicted of rape and of enticing a child for indecent purposes, Curtis Trusty appeals on two grounds: insufficient evidence of penetration and the court’s refusal to allow him to cross-examine a witness on prior false accusations of molestation by the child victim. Held:

1. OCGA § 16-6-1 (a) provides: “A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.” “In a rape case, penetration may be proved by indirect…