Clark v. State

Fletcher, Justice.

Clark was convicted of rape and his conviction was upheld by the Court of Appeals in Clark v. State, 197 Ga. App. 318 (398 SE2d 377) (1990). We granted Clark a writ of certiorari to consider the question of whether he was entitled to a jury charge based upon language found in Curtis v. State, 236 Ga. 362 (223 SE2d 721) (1976).

At trial, Clark’s defense centered around his contention that the alleged victim consented to the intercourse. The victim testified that she did not consent and resisted no more than she did out of fear for her own safety. Clark requested that the jury…