Drake v. State

Hall, Justice.

In November, 1976, Drake was convicted of forcible rape of his 9-year-old daughter, and sentenced to 20 years. The indictment charged that Drake "did engage in sexual intercourse with ... [victim] a female child under the age of 14 years, not his spouse, forcibly and against her will.” It thus charged the elements of forcible rape (Code Ann. § 26-2001) and statutory rape (Code Ann. § 26-2018). The evidence showed that the victim yielded to the act sufficiently that no physical force was used; however, she testified that she did so out of fear that her father would beat her and…