No. S98A0755.

510 S.E.2d 18 (1998)

270 Ga. 327


Supreme Court of Georgia.

Reconsideration Denied December 17, 1998.

Attorney(s) appearing for the Case

Brenda Joy Bernstein, Steven H. Sadow, Atlanta, for Anthony San Juan Powell.

Pamela Danette South, Asst. Dist. Atty., Daniel J. Porter, Dist. Atty., Lawrenceville, for the State.

Amicus Appellee: Thurbert E. Baker, Atty. Gen., Michael E. Hobbs, Asst. Atty. Gen., Department of Law, Atlanta.

Amicus Appellant: Stephen Randall Scarborough, Lambda Legal Def./Educ. Fund, Inc., Atlanta, Kelly S. Brown.ö

BENHAM, Chief Justice.

Anthony San Juan Powell was charged in an indictment with rape and aggravated sodomy in connection with sexual conduct involving him and his wife's 17-year-old niece in Powell's apartment. The niece testified that appellant had sexual intercourse with her and engaged in an act of cunnilingus without her consent and against her will. Powell testified and admitted he performed the acts with the consent...

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