Allen v. State

On Motion for Rehearing.

Appellant contends on motion for rehearing that the effect of this decision is to merge sodomy offenses with sexual intercourse offenses. We find that argument meritorious in part, but not completely.

Aggravated sodomy would not, as appellant suggests, be prosecuted as rape because OCGA § 16-6-1 expressly requires the “penetration of the female sex organ by the male sex organ.” However, appellant’s argument that consensual sodomy has been merged into the offenses of fornication and adultery is a point well taken. Nonetheless, we are bound by the mandate of the Supreme…