State v. Lyons

Phipps, Judge.

A multi-count indictment charged each defendant in this case with various sexual offenses allegedly perpetrated against a 13-year-old female in October 2000. The defendants filed general demurrers contesting certain rape charges alleged to have been committed by having carnal knowledge of the female whose “overall cognitive age equivalence” or “overall age equivalence” was allegedly “less than 10 years of age.” The State argued that the alleged conduct constituted rape as defined by OCGA § 16-6-1 (a) (2), which provides that “[a] person commits the offense of rape when he has…