A Jasper man who was convicted by a Jasper County jury in 2024 for the statutory rape of a 13-year-old girl will receive a new trial.
In a decision handed down today, the Missouri Southern District Court of Appeals ruled that John Vincent Estes (DOB 1994) should have been allowed to present evidence about the 13-year-old's prior sexual history.
Normally, that type of evidence is not allowed, but this case offered an exception, the appellate court opinion said, because the jury had a right to hear evidence that might have offered a reason for the alleged victim to lie.
Jasper County Circuit Court Judge Dean Dankelson did not allow the evidence during Estes' trial, ruling that fell under the Rape Shield Law because her sexual history had nothing to do with the circumstances of the rape.
Here, we have one of the unusual circumstances in which the “fair trial” exception to the rape shield statute applies to the statements made by Victim to her stepmother asking for a pregnancy test arising from Victim’s concern that she might have been impregnated during the alleged rape and Victim’s alleged statements to Daughter {Estes' adopted daughter} that Victim feared she was pregnant from unprotected sex with her boyfriend.
Victim’s accusation that Estes raped her was not corroborated by any forensic evidence or eyewitness testimony. In limited situations like this case, where the evidence is strictly of a “she-said, he-said” nature, the “fair trial” exception precludes using the rape shield statute to exclude Estes’ evidence directly challenging Victim’s testimony, as such exclusion would violate Estes’ constitutional right to a fair trial. (extrinsic evidence can be used to challenge the prosecuting witness where that witness’ testimony is “a key factor in determining guilt or acquittal”).
The two statements coupled together, if believed by the jury, could support Estes’ theory that Victim had a motive to and might have fabricated her story that Estes raped her.
The materiality of this evidence (and its exclusion) was demonstrated during the State’s closing and rebuttal arguments, when the prosecutor repeatedly referred to the absence of evidence that Victim had any motivation to lie in accusing Estes.
In fact, the prosecutor argued, “There is no motive to lie, which I think is probably the biggest thing you have here. If you need a motive to make something up, and if that’s not there, then that’s the truth. That is how we uncover the truth in situations . . . .” (Emphasis added.)
The jury was entitled to hear Daughter’s testimony that Victim feared pregnancy by another and the text to Victim’s stepmother that Victim wanted a pregnancy test due to the rape, because these matters are material to Estes’ ability to directly refute the only evidence tending to show his guilt.
It was the responsibility of the jury to weigh the Victim’s statements against the contradictory evidence and determine whether Victim’s story was credible or whether Daughter’s testimony casts doubt upon it.
Due to plain error in excluding the evidence at issue, we vacate and remand the case for retrial and instruct the trial court to permit Estes to introduce (1) Victim’s statements to her stepmother that Victim wanted a pregnancy test; and (2) Daughter’s testimony that Victim told 12 Daughter Victim feared she might be pregnant after having had unprotected sex with her boyfriend in the week preceding the rape.
During the trial, the alleged victim testified Estes raped her in the garage of his home November 23, 2021 when she was staying overnight with Estes' adopted daughter.
Victim testified Estes lied down with Victim and Daughter on the mattresses, and he gave them “massages.”
Victim testified that Estes went to his bedroom, and Victim and Daughter fell asleep. Victim testified that she and Daughter drank alcohol and smoked marijuana that evening. Victim testified that she was awakened by Estes rubbing her back. Victim testified that Estes picked her up, carried her to the garage, laid her on the floor, and raped her. Victim testified that she then used the toilet, cried, and returned to bed, and Estes returned to his bedroom.
