State of Missouri v. Dustin Charles Love

Perryville, Missouri criminal defense lawyer represented the Defendant charged with rape.





Dustin Love was charged by the State of Missouri ("the State") with one count of rape in the first degree for allegedly having sexual intercourse by forcible compulsion with his step-daughter G.M. ("Victim") and with one count of child molestation in the first degree for allegedly groping Victim's breasts. The case proceeded to jury trial. The following evidence was presented:



In July 2021, C.L. received a phone call from her twelve year-old daughter ("Victim") reporting that Love was trying to rape her. Victim told her mother that she had locked herself and her younger sister in their bedroom. Victim's mother kept Victim on the phone and immediately came home. When Victim's mother arrived home, Love was gone. Victim's mother took Victim to the Pettis County Sheriff's Department.



Victim was subsequently interviewed at a Child Advocacy Center ("CAC"). During the interview, Victim recounted several incidents where Love sexually abused her. Victim, who was thirteen years old at the time, stated that Love raped her when she was eight or nine years old. Victim stated Love watched her when her mother worked nights. On one occasion, Love gave her candy, blindfolded her, took her to his room, and had her lie down on the bed. Love took off Victim's clothes and began touching her chest, buttocks, and hips. Victim "felt something go inside of her." Love "pulled it out and put



3



it back in a bunch of times." He then flipped Victim on her stomach and did "the same thing to [her] butt." Love placed something in Victim's hand and made her touch it until she felt a "warm liquid." Love left the room, returned with a towel, and wiped off Victim's hand. Victim stated she told her mother about the incident but her mother assumed she was not telling the truth or Victim misunderstood what Love was doing.



Victim disclosed another incident that occurred when she was approximately twelve years old. Love did "the same stuff" except Victim was not blindfolded. Victim stated that Love took her to his room, locked the door, and took Victim's clothes off. Love pushed Victim into the adjoining bathroom and made her "lean over" in the shower. He "put his body part in [her] body part and then went in and out a lot of times." Love also "smacked [her] butt" and "sprayed white stuff on [her] stomach and chest." Victim did not tell her mother because Love said "if [she] told, he would hurt [her] mom."



Victim spoke about the July 2021 event that prompted her mother to go to the police. Love "got really drunk and [tried] to rape [her]." Love had returned home smelling like beer and told Victim it was time for bed. Victim was suspicious because "every time [Love] drinks something bad happens." Victim put her sister on the bed and locked the bedroom door "in case something happened." Love attempted to enter Victim's bedroom and told her to unlock the door because he had "brought her some candy." When Victim opened the door, Love grabbed her by the neck and pushed her into the living room. Love told Victim she "needed to earn his trust." He pushed her against the front door and attempted to remove her shirt. Victim tried to stop him, but Love blocked her hand. Love groped her chest over the top of her clothes and touched her in between her legs. Victim was able to run back to her room and call her mother.



At trial, the video of Victim's CAC interview was played for the jury without objection from Love. Victim also testified at trial. She confirmed that what she disclosed during the CAC interview was accurate and truthful.



Victim's mother testified that, a month prior to the July 2021 incident, Victim told her mother that Love had "smacked [Victim] on the butt" while she was doing dishes. This had made Victim uncomfortable, and Victim stated she wanted to put a lock on her door so that "she had a safe place to go when she needed to."



Love did not call any witnesses and invoked his right not to testify.



State v. Love, WD86282 (Mo. App. Nov 19, 2024)

The jury convicted Love of rape in the first degree and acquitted him of the charge of child molestation. Love was sentenced to be incarcerated for a term of thirty years.



Affirmed