Cite as 2015 Ark. App. 127
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-13-916
Opinion Delivered February 25, 2015
ROBERT LEE SANDRELLI
APPELLANT APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT, FORT
SMITH DISTRICT [NO. CR-12-1189]
V.
HONORABLE J. MICHAEL
FITZHUGH, JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED
PHILLIP T. WHITEAKER, Judge
Appellant Robert Lee Sandrelli was convicted by a Sebastian County jury of four
counts of rape and was sentenced to four consecutive sentences of 35 years each to be served
in the Arkansas Department of Correction. He appeals, asserting that there was insufficient
evidence corroborating the victim’s testimony.1 Because there is no requirement that a rape
victim’s testimony be corroborated in order to be sufficient, we affirm.
Our standard of review is well settled. In reviewing a challenge to the sufficiency of
the evidence, this court determines whether the verdict is supported by substantial evidence,
direct or circumstantial. See Smoak v. State, 2011 Ark. 529, 385 S.W.3d 257. Substantial
evidence is evidence forceful enough to compel a conclusion one way or the other beyond
suspicion or conjecture. See id. This court views the evidence in the light most favorable to
1
This appeal reaches us for the second time after rebriefing was ordered due to
inadequacies in appellant’s abstract and addendum, which have now been corrected. Sandrelli
v. State, 2014 Ark. App. 444.
Cite as 2015 Ark. App. 127
the verdict, and only evidence supporting the verdict will be considered. See id. We now turn
to a review of the evidence primarily as presented by the testimony of the victim, G.H.
G.H. is the fourteen-year-old son of Sandrelli. On his tenth birthday, G.H. was
sexually abused by Sandrelli for the first time. Sandrelli continued to sexually abuse G.H.
almost weekly thereafter. G.H. described the sexual abuse as acts of oral sex, where Sandrelli
would perform oral sex on G.H. and force G.H. to perform oral sex on Sandrelli. G.H. also
testified that Sandrelli attempted to rape him anally. In addition to the acts of rape, Sandrelli
would physically abuse G.H. G.H. reported that Sandrelli was a heavy drinker and that
drinking beer was a contributing factor to both the physical and sexual abuse.
On October 6, 2012, G.H. left Sandrelli’s home due to physical abuse from Sandrelli.
He went to a neighbor’s home and made contact with his sister. He reported to his sister, for
the first time, that his father, Robert Sandrelli, was physically and sexually abusing him. She
convinced him to contact the police, which he did. Law enforcement investigation of these
allegations included interviews, a physical examination of G.H., a search of Sandrelli’s home,
and submissions to the crime lab. The physical examination of G.H. showed no tangible signs
of sexual abuse, and no DNA evidence for Sandrelli was found on items submitted to the
crime lab. However, G.H. did have signs of physical abuse on his body, and the search of the
home did reveal that there was no food in the refrigerator, only beer.
After trial, Sandrelli was convicted of four counts of rape and was sentenced to a
combined total of 140 years in the Arkansas Department of Correction. Sandrelli appeals,
arguing that there was insufficient evidence to support his rape convictions. More specifically,
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he contends that there was no corroborating testimony to support the victim’s contention that
a rape had occurred. To support his argument, he emphasizes the fact that there was no
physical evidence of penetration and that DNA evidence that would have corroborated the
victim’s testimony was not found. He further asserts that evidence was presented that the
boy’s mother had been trying to regain custody of the victim and that the boy wanted to live
with her; in essence, challenging the victim’s credibility.
A person commits rape if he or she engages in sexual intercourse or deviate sexual
activity with another person who is less than fourteen years of age. See Ark. Code Ann. § 5-
14-103(a)(3)(A) (Repl. 2013). “Deviate sexual activity” is defined as “any act of sexual
gratification” involving “[t]he penetration, however slight, of the anus or mouth of a person
by the penis of another person.” Ark. Code Ann. § 5-14-101(1)(A) (Repl. 2013).
Here, the victim, G.H., testified that Sandrelli had sexually abused him since he was
ten years old. He described the acts of sexual abuse, which included oral sex and attempted
anal sex. The description of the acts of oral sex involved the penetration of Sandrelli’s penis
into the mouth of G.H. A rape victim’s uncorroborated testimony describing penetration may
constitute substantial evidence to sustain a conviction of rape, even when the victim is a child.
Brown v. State, 374 Ark. 341, 288 S.W.3d 226 (2008). The rape victim’s testimony need not
be corroborated, and scientific evidence is not required. Kelley v. State, 375 Ark. 483, 292
S.W.3d 297 (2009). Moreover, it is the function of the jury, and not the reviewing court, to
evaluate the credibility of witnesses and to resolve any inconsistencies in the evidence. Vance
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v. State, 2011 Ark. 392, 384 S.W.3d 515. G.H.’s testimony alone is sufficient to support the
jury’s verdict.
Affirmed.
HARRISON and VAUGHT, JJ., agree
David L. Dunagin, for appellant.
Dustin McDaniel, Att’y Gen., by: Valerie Glover Fortner, Ass’t Att’y Gen., for
appellee.
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