Drake v. State

Supreme Court of Georgia

Decided May 26, 1977

Supreme Court of Georgia · decided 1977-05-26

Relies on Stephen v. State · McFall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-05-26

How this case has been cited

Cited by 76 later decisions (2 by the Supreme Court) — most recently September 2015 · most notably United States v. Rodriguez (2013), Presnell v. State (1978)

2 federal appellate · 70 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Undercofler, Presiding Justice,

¶1concurring in the judgment but dissenting as to Division 1.

¶2Throughout its history this court has held that sexual intercourse with an underage female raises a presumption of force. Stephen v. State, 11 Ga. 225 (1852); McFall v. State, 235 Ga. 105 (218 SE2d 839) (1975). The majority now holds that there is no such presumption. Perhaps the majority’s conclusion does no great harm. But it does seem quite academic to say that the state must prove actual force (or coercion) to convict a father of raping his nine-year-old daughter, or for that matter any other nine-year-old child.