Cooper v. State

Beasley, Judge.

The defendant appeals his conviction for aggravated sodomy (OCGA § 16-6-2 (a)) on a five-year-old child victim.

1. Hines v. State, 173 Ga. App. 657 (327 SE2d 786) (1985), held that the state must show the defendant used force to commit sodomy in order to convict on aggravated sodomy under OCGA § 16-6-2, which specifies that such offense must be “with force and against the will of the other person.” Hines relied upon Drake v. State, 239 Ga. 232 (236 SE2d 748) (1977), a case concerned with distinguishing statutory rape from common-law rape. In differentiating, the court utilized…