MCFADDEN, P. J., RAY and RICKMAN, JJ.
Ray Massey was tried by a jury and convicted of aggravated
child molestation and child molestation. On appeal, Massey
contends that the evidence was insufficient to support his
conviction for aggravated child molestation and that the
trial court failed to properly exercise its discretion as a
thirteenth juror in denying his motion for new trial. For the
following reasons, we affirm.
On appeal from a criminal conviction, we view the evidence in
the light most favorable to support the jury's verdict,
and the defendant no longer enjoys a presumption of
innocence. We do not weigh the evidence or judge the
credibility of the witnesses, but determine only whether the
evidence authorized the jury to find the defendant guilty of
the crimes beyond a reasonable doubt in accordance with the
standard set forth in Jackson v. Virginia, 443 U.S.
307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
(Citation and punctuation omitted.) Hall v. State,
335 Ga.App. 895 (783 S.E.2d 400) (2016).
viewed, the evidence showed that the 7-year-old victim's
mother and father met Massey and his wife at church when the
victim's mother was pregnant with the victim. Massey and
his wife were grandparent figures to the victim and her
younger brother who referred to them as "Nana" and
"Papa." The victim and her family spent vacations
and holidays with the Masseys. The Masseys frequently babysat
the victim and her brother, and sometimes the children would
spend the night at their home.
evening, the victim and her family went to the fair with the
Masseys. After the fair, the victim and her brother went back
to the Masseys' residence and spent the night.
Massey's wife returned the children to their parents the
following evening. After she got home, the victim's
mother was talking to the victim about her day and became
concerned about the victim's responses and behavior. The
victim told her mother that she could not tell her about
something that happened because it was "a secret."
The victim revealed that she and Massey had "a
relationship." Pointing to her private area, the victim
told her father that Massey had touched her.
victim's father called 911, and a Sergeant with the Floyd
County Police Department responded. The victim told the
Sergeant that Massey had touched her and pointed to her groin
area. The Sergeant arranged for the victim to have a forensic
interview the following day.
the forensic interview, the victim told the interviewer that
Massey touched her on her private area. Two days after the
initial interview, the victim told her mother that she needed
to go back and speak with the forensic interviewer again.
During the second forensic interview, the victim told the
interviewer that Massey touched the "inside of her
body" and that "it hurt." Both interviews were
recorded and published to the jury.
family nurse practitioner and pediatric sexual assault nurse
performed a medical exam on the victim. The nurse testified
that while the victim did not have any scars, lacerations, or
bruising, the findings from the exam were consistent with
sexual abuse because the victim said that it sometimes hurt
when Massey touched her and that, after she had been touched,
it would sometimes burn when she urinated. The nurse
testified that any kind of pressure inside the vagina would
be painful for a girl the victim's age.
victim testified at trial that when she went to the
Massey's house during the day, Massey's wife and her
brother would take naps together in the Massey's room.
During this time, the victim would sit with Massey in a
recliner and watch television. The victim testified that
while they were watching television, Massey would touch her
with his fingers on her private and it hurt. Massey would
also ask the victim to touch his private part outside of his
clothes. Massey told the victim not to tell anyone about the
touching because they would get "separated."
grand jury returned an indictment charging Massey with
aggravated sexual battery, aggravated child molestation, two
counts of child molestation, and cruelty to children in the
second degree. Prior to the start of the trial, the State
nolle prossed the cruelty to children charge. Massey was
found guilty of sexual battery, as a lesser included of
aggravated sexual battery, aggravated child molestation, and
on both counts of child molestation. One of the child
molestation counts and the sexual battery count merged into
the conviction for aggravated child molestation for the
purposes of sentencing. Massey filed timely motions for new
trial, which were denied. Massey appeals from his convictions
and the denial of his motions for new trial.
two enumerated errors, Massey contends that the evidence was
insufficient to support his conviction for aggravated child
molestation. Specifically, he argues that the State failed to
present sufficient evidence that the victim suffered a
physical injury. We disagree.
person commits the offense of child molestation when such
person . . . [d]oes any immoral or indecent act to or in the
presence of or with any child under the age of 16 years with
the intent to arouse or satisfy the sexual desires of either
the child or the person[.]" OCGA § 16-6-4 (a) (1).
"A person commits the offense of aggravated child
molestation when such person commits an offense of child
molestation which act physically injures the child[.]"
OCGA § 16-6-4 (c). "Significantly, a child's
testimony that the molestation was painful is ...