CRIMINAL: ROBINSON V. COM. (SC 11/22/2006)

ROBINSON V. COM.
Criminal: Statutory rape and marriage
2005-SC-000750-MR.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING AND REMANDING IN PART; MCANULTY
DATE RENDERED: 11/22/2006

SC affirmed in part and reversed in part Defendant’s convictions and 61 year sentence for three counts of second-degree rape, three counts of third-degree rape and one count of first-degree rape. (1) TC erred in refusing to instruct the jury under KRS 510.035 because the evidence was undisputed that Robinson and S .M.H . were married when S.M.H. was 14 years old . Thus, SC reversed and remanded as to the judgment of conviction for the charges of third-degree rape. (2) Because the parties were not married, however, until shortly after S .M. H.’s 14’h birthday, SC affirmed the judgment of conviction on the three counts of second-degree rape as Robinson was not entitled to an instruction under KRS 510.035 for the time period preceding the marriage. (3) SC affirmed the judgment of conviction on the single count of first-degree rape because under the evidence as a whole, it was not clearly unreasonable for a jury to find guilt.

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