Rape Of Maid Of Honor On Wedding Night Conviction Affirmed

The South Dakota Supreme Court – while highly critical of the prosecutor’s conduct – affirmed the conviction of a man accused of the third-degree rape of his wife’s maid of honor on his wedding night.

The crime occurs when the victim cannot  consent as a result of intoxication.

The jury in this case heard evidence that Janis married Jamie Moreno on August 23, 2013, in Hot Springs, South Dakota. J.E., the victim in this case, was Moreno’s maid of honor. After the ceremony, J.E. consumed a large number of alcoholic drinks at the reception. At approximately 1:00 a.m., J.E. received a ride to the home of Janis and Moreno, where she was staying the night. At the time, her speech was quite slurred and she appeared very intoxicated. She did not remember how she made her way to the spare bedroom or how she made it into bed.

About an hour after J.E. left the reception, Janis and Moreno returned to their home. Janis was intoxicated. Wedding guests stated that Janis had consumed a large number of alcohol drinks at the reception. When Janis and Moreno arrived, J.E. was already asleep in the spare bedroom. Janis continued to drink champagne. At some point, he wanted a cigarette and left his bedroom.

J.E. was awakened by someone lying in bed behind her, placing his penis into her anus. She did not know who the person was, asked “who is this?” and followed the question by repeating the words “stop” and “no.” J.E. remembered being somewhat awake, but testified that she was “frozen” during the assault. She recalled passing out again sometime later. 

In the morning, J.E. awoke to find Janis in her room, clothed only in his boxers. When he attempted to have sex with her, J.E. rejected his advance and asked him if he knew who had sex with her the night before. He told her that he thought there had been a tall stranger in the house, and that it may have been him. However, Janis did admit to the authorities early in the investigation that he had sex with J.E., but alleged that it was consensual.

The claims of prosecutorial misconduct

While reversal is not warranted, we do not endorse the prosecutor’s approach in this case. His questioning and the record suggest that he was knowingly attempting to elicit expert testimony without prior disclosure. While the circuit court’s sustaining of the defense’s objections salvaged what could have otherwise merited reversal on appeal, we nonetheless emphasize that the prosecutor’s approach was inappropriate…

The prosecutor’s most egregious conduct was his repeated reference to Janis breaking his wedding vows and to Janis’s character. These comments culminated in the prosecutor’s closing, when he asserted that the case was about Janis’s character. The prosecutor inexplicably stated in closing that “[t]his goes to the character of the person that took the vows, and that is essentially what I’m asking you to judge is, I’m asking you to judge Cleve Janis and his character when he took those vows.” (Emphasis added.) We have previously disapproved of a prosecutor referring to a defendant’s character in closing argument.

But

…this case did not turn on Janis’s character but rather on the victim’s consent and her level of intoxication. There was evidence that she was “super drunk” and barely able to hold a conversation. She also could not eat without spilling. With respect to consent, Janis concededly lied the morning after the incident when he claimed that he did not have sex with the victim. On the other hand, the victim immediately and consistently asserted that the sex was nonconsensual to her mother, to Moreno, and to the hospital staff. Janis also testified that the victim said to stop and he did. Yet, DNA evidence indicated that Janis proceeded to the point of ejaculation. In light of both testimony and physical evidence supporting conviction, as well as proper jury instructions, Janis has not shown that the outcome would have been different had the prosecutor not engaged in misconduct. He therefore has not met his burden under plain error analysis and is not entitled to a new trial on this issue.

There is a concurring/dissenting opinion of Justice Kern

I respectfully disagree that this does not reach the threshold of a federal constitutional violation warranting reversal. In my view, the State’s conduct was so improper that it seriously affected the fairness and integrity of the judicial proceedings, depriving Janis of his substantial right to a fair and impartial jury. I would reverse and remand for a new trial…

The improper references to Janis’s character only began with voir dire. Throughout opening statements, questioning, and both closing arguments, the State continued to inject Janis’s character into the trial tying it to Janis’s infidelity to his wedding vows. The State’s comments were not limited to those provided in the majority opinion. In its opening statement, the State directed the jurors, “Now, when you look at this case and you evaluate it, look at the credibility and the trust and the vows.” Again, when cross-examining Janis, the State directed the focus to Janis’s marriage vows asking, “Those marital vows that you took at Chautauqua Park are only as strong as the character of the person taking those vows. Do you agree with that?” The State also asked Janis, “Okay. So let’s talk about your character. Because we talked about your character and what you thought of [your wife] the day after your wedding, but let’s walk through the night after the reception.”

While even defense counsel admitted that Janis’s conduct was morally reprehensible, Janis is nevertheless entitled to a fair trial. The State’s uninterrupted strategy to interject Janis’s character into the case from beginning to end so tainted the integrity of the judicial proceedings as to violate Janis’s basic right to due process and a fair trial. There is a reasonable probability that but for the statements made by the prosecution, the jury may have acquitted. The conviction should be reversed.

(Mike Frisch)