Georgia v. Williams
Annotate this CaseThe Court of Appeals reversed Kenneth Williams’ conviction for aggravated sexual battery based on its conclusion that the trial court gave an erroneous charge to the jury concerning an underage victim’s capacity to consent. The State appealed, arguing the jury instruction did not constitute plain error to warrant reversal of the conviction. The Georgia Supreme Court concurred: the victim was young, the conduct was clearly sexual in nature, the adult was an authority figure in the child’s life, and the evidence was strong. The Court surmised it was unlikely that the trial court’s instruction affected the jury’s decision to return a verdict of guilty for the charge of aggravated sexual battery. “In other words, the jury instruction error did not constitute plain error here given the circumstances.” Accordingly, judgment of the Court of Appeals was reversed as it pertained to Williams’ conviction for aggravated sexual battery.
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