Browse Caselaw

1. Appellant first challenges the sufficiency of the evidence. Construed to support the verdict, the evidence adduced at trial reveals that from 1981 until January 1988, the female victim resided with appellant and his wife, the victim's aunt. Ola Paulson, the victim's cousin, testified that in January 1988, the victim, who was ten years old at the time, and her younger sister came to live with Paulson, and that she subsequently obtained legal custody of the girls with their mother's consent. Paulson stated that shortly after the victim moved in, she (Paulson) noticed a discharge on the victim's underwear which she considered unusual for a child of that age, and that after she questioned the victim several times, the child revealed that appellant had sexually molested her. The pediatrician who examined the victim in February 1988 at Paulson's request testified that the victim's vaginal opening appeared to be "typical of a sexually active adult female," a condition that in his opinion was the result of "multiple" acts of sexual intercourse, and that she also had a vaginal infection. The victim testified that appellant fondled her breasts and performed oral sodomy and sexual intercourse with her at least six times during 1987. The sheriff's detective and the case worker who investigated the matter both testified that the victim had made the same statements to them in February 1988. Appellant denied ever having touched or abused the victim sexually.

We find this evidence sufficient to enable a rational trier of fact to convict appellant of the charged violations of OCGA 16-6-4 (a), (c). See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Although appellant questions the credibility of Paulson, the case worker, and the victim, "[t]he credibility of witnesses and the weight to be accorded their testimony is the sole province of the jury. [Cit.]" Herndon v. State, 187 Ga. App. 77, 78 (4) (369 SE2d 264) (1988).