Criminal Law-Child Molestation-Propensity Evidence

Staff Report//January 29, 2026//

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Defendant appealed his conviction for statutory rape and child molestation, arguing that the trial court abused its discretion in admitting propensity evidence from the victim, who testified that defendant told her he had sex with his wife when she was 12 or 13, the same age as the victim at the time of abuse.

Where the victim’s testimony was not propensity evidence because it was relevant to show how defendant groomed the victim by trying to minimize the wrongfulness of defendant’s conduct, and where the state did not submit the evidence to argue that defendant acted in conformity with his prior claimed sexual activity with another underage female, there was no error in admitting the testimony.

Judgment is affirmed.

State v. Duncan (MLW No. 84261/Case No. ED113148 – 15 pages) (Missouri Court of Appeals, Eastern District, Navarro-McKelvey, J.) Appealed from circuit court, St. Francois County, Wexler Horn, J. (Christian Lehmberg for appellant) (Abigail Madeline Meharg for respondent)