ADAMS, Judge.
Mario Ladon Thomas was convicted and sentenced on one count of rape and two
Construed in favor of the verdict,
After Thomas left, S.G. showered and stayed in her room for 45 minutes until her mother came home. But S.G. did not tell her mother what happened because she was afraid of how her mother would react; the incident only came to light when she told a teacher two weeks later. She had become emotional in school one day after witnessing a boy attempt to put his hand up a girl's skirt, and she eventually told a counselor what Thomas had done.
Thomas testified in his own defense that he was engaged to be married and had three children by his fiancée. He also denied all of the charges including being at the scene anytime after June 2003. But S.G.'s mother testified that Thomas was at the house with some regularity and that she saw him there only a few days or a week before the date that S.G. said the incident occurred.
"A person commits the offense of rape when he has carnal knowledge of ... [a] female forcibly and against her will." OCGA § 16-6-1(a). "[T]he state must prove the element of force to obtain a conviction for forcible rape of a victim under the age of consent." State v. Collins, 270 Ga. 42, 508 S.E.2d 390 (1998).
"[T]he term `forcibly' means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation." Collins, 270 Ga. at 43, 508 S.E.2d 390. With regard to mental coercion or intimidation:
Howard v. State, 281 Ga.App. 797, 802(3), 637 S.E.2d 448 (2006). And even in cases where the victim did not resist, "lack of resistance, induced by fear, is force, and may be shown by the victim's state of mind from her prior experience with the defendant and subjective apprehension of danger from him." (Citation and punctuation omitted.) Siharath v. State, 246 Ga.App. 736, 739(2), 541 S.E.2d 71 (2000). Finally, it is well established that "only minimal evidence of force is required in order to prove rape of a child." Wightman, 289 Ga. App. at 228(1), 656 S.E.2d 563. See also
In this case, there is no evidence of any physical threat by Thomas; no evidence prior to the actual incident that Thomas took any action to threaten or intimidate S.G.; no evidence of any words or actions by Thomas prior to his entry into the bedroom sufficient to establish a reasonable fear of bodily harm, violence, or other dangerous consequences; and no evidence of any prior experience between Thomas and S.G. that affected S.G.'s state of mind.
The State, however, points to the evidence that S.G. said she did not want the incident to occur; that Thomas turned her over and removed her shorts and underwear; that she did not fight back because of Thomas's size; that she was silent during the incident because she was "shocked and scared"; and that after the incident was over, Thomas, in a demanding tone, told her not to tell anyone.
We conclude this evidence meets the minimal quantum of evidence necessary to submit the question of force to the jury in a case involving a child. The jury was authorized to conclude that S.G. did not want to have sex with Thomas and did not resist because she was shocked and scared by Thomas's actions and intimidated by his size also that Thomas's own demanding instruction that S.G. not tell anyone about the incident corroborated the nature of the encounter. Cf. Boileau v. State, 285 Ga.App. 221, 223, 645 S.E.2d 577 (2007) (regarding force required for aggravated sodomy—victim's testimony that she was "very scared" and that she wanted defendant to stop established that victim's lack of resistance was induced by fear). Compare Howard, 281 Ga.App. at 802, 637 S.E.2d 448 (no evidence of force where defendant did nothing more than talk victim into engaging in sexual relations with him).
Judgment affirmed.
SMITH, P.J., and MIKELL, J., concur.