Supreme Court of Georgia
510 S.E.2d 18 (1998)
Anthony Powell (defendant) was charged with rape and aggravated sodomy related to sexual conduct involving his wife’s 17-year old niece in Powell’s apartment. The niece testified that the sexual acts occurred without her consent and against her will, while Powell stated that he performed the acts with the niece’s consent. When giving the jury charge, the trial court provided instructions on the law of sodomy, O.C.G.A. § 16-6-2(a). The jury acquitted Powell of the rape and aggravated sodomy charges, but found him guilty of sodomy, indicating that the state did not meet its burden of proving the sexual acts were committed by force and against the niece’s will. Powell appealed his conviction, arguing that the statute criminalizing acts of sodomy engaged in by adults, in private and without force, is unconstitutional, because it infringes upon his state-granted privacy rights.
Rule of Law
Holding and Reasoning (Benham, J.)
Concurrence (Sears, J.)
Dissent (Carley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.