concurring and dissenting.
I concur with the majority in affirming the Defendant's conviction for Criminal Deviate Conduct.
However, I dissent to the finding that there was insufficient evidence to support the conviction for rape.
The evidence showed the victim did not understand the meaning of vagina and intercourse. She did, however, state that Defendant "made love to her." This is a common term understood to mean the act of intercourse. Such term is not applied to other acts of sexual deviate conduct such as anal intercourse. It takes no speculation nor supposition to know what the witness meant. The victim's statements that she had been raped corroborate this as well as the presence of traces of semen in her vagina. I would affirm the trial court on both convictions.
SHEPARD, J., concurs.