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Parks v. State

Evidence that the victim took AZT to prevent transmission of AIDS virus after she was raped was admissible to show she would not have consented to unprotected sex with the HIV-positive defendant.

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Parks was convicted of committing rape and aggravated sodomy on J. A., of engaging in sodomy with M. M., and other offenses. In this appeal of his convictions, Parks contends that the court erred in admitting evidence concerning post-rape medical efforts to prevent transmission of the AIDS virus to J. A. He raises other issues concerning the constitutionality of his sodomy conviction, the denial of his motion for directed verdict, and the correctness of various jury instructions. We find no reversible error and affirm.

An indictment was returned charging Parks with the rape and kidnapping of M. M. and J. A., two counts of aggravated assault by pointing a shotgun at the victims, and four counts of aggravated sodomy by forcing each victim to perform both oral and anal sodomy with him. The jury returned a verdict finding Parks guilty of simple battery on M. M. as a lesser included offense of rape, guilty of rape of J. A., guilty of simple assaults on M. M. and J. A. as lesser included offenses of the aggravated assaults, not guilty of aggravated oral sodomy on M. M. but guilty of sodomy as a lesser included offense of the anal sodomy on M. M., guilty of aggravated oral and anal sodomy on J. A., and guilty of false imprisonment of the victims as lesser included offenses of kidnapping.

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