State v. Collins

The majority has chosen to follow the holding in Drake v. State, 239 Ga. 232 (236 SE2d 748) (1977). I do not believe Drake constitutes sound law for the reasons set forth herein and would reject it to hold instead that as a matter of law, sexual intercourse with a female under the age of 16 is both forcible and against the victim’s will. Accordingly, I must dissent to the majority’s opinion.

The first reason why I would reject Drake is because it represents an unjustifiable and unsupported break with Georgia case law precedent. To convict a male of rape, the State must prove three essential…