Criminal Law: Statutory Rape-Admission of Victim’s Forensic Interview

Staff Report//March 29, 2024//

Listen to this article

Defendant appealed his conviction for first-degree statutory rape, challenging the trial court’s admission of the victim’s forensic interview. Defendant contended the interview lacked a foundation for admission because there was no testimony as to the procedure or protocol used to interview the victim.

Where the law did not require the person conducting the interview of the minor victim to testify at the evidentiary hearing, there was no error in admitting the victim’s interview where there was sufficient indicia of reliability.

Judgment is affirmed.

State v. Pendergraft (MLW No. 81304/Case No. WD85913 – 11 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Adair County, Wilson, J. (Jedd C. Schneider, Columbia, for appellant) (Andrew Bailey, Attorney General, and Karen L. Kramer, Assistant Attorney General, Jefferson City, for respondent)