Dougherty Superior Court convicted a defendant on aggravated child molestation, rape, incest, and two counts of sexual battery against his daughter. The defendant appealed, believing that his rape and incest convictions should have been merged for the sake of sentencing.
Georgia’s Court of Appeals reviewed his case and determined that the evidence supported each of the charges. The Court also examined his request for merging rape and incest and noted that the elements differ in each charge. For rape, the prosecution had to show a lack of consent, which is not required in incest, and then the prosecution had to prove the relationship between the defendant and his victim for the incest charge, which is not an element in rape. The Appeals Court upheld the trial court’s judgment and sentencing.
