Court of Appeals of Missouri, Eastern District, Second Division
from the Circuit Court of the City of St. Louis Cause No.
1422-CR01200 Honorable Timothy J. Wilson
Colleen Dolan, Judge
Hill-McAfee ("Defendant") appeals his convictions
following a jury trial of first-degree statutory rape in
violation of § 566.032 (Count I), first-degree statutory
sodomy in violation of § 566.062 (Count II),
second-degree statutory sodomy in violation of § 566.064
(Count III), first-degree statutory sodomy in violation of
§ 566.062 (Count IV), and second-degree statutory sodomy
in violation of § 566.064 (Count V). Following the
jury's verdict, the trial court sentenced Defendant to
serve 25 years in prison. Defendant argues the trial court erred
and abused its discretion by overruling Defense Counsel's
objection to the following testimony: (1) V.J.'s
(hereinafter "Mother") statements that Defendant
had intermittent contact with D.J. (hereinafter
"Victim") when he was little, (2) Mother's
statements that she had not been in a position to hire an
attorney to deal with Victim's custody arrangement, and
(3) Defendant's sexual partner Paris Powell's
testimony ("Powell") that Defendant told her during
intercourse that she enjoyed being molested as a child. We
Factual and Procedural Background
was born in 1998, and lived with Mother and his younger
sister in St. Louis until the summer after his fifth-grade
graduation in 2011. At this time, Victim went to live with
Defendant (his father) in St. Louis until sometime in 2013.
After staying with his aunt and grandmother for a brief
period of time, he moved to Ohio to live with Mother. When
Victim moved to Ohio to live with Mother, Victim told Mother
that Defendant made him participate in several different
sexual activities with Defendant and Defendant's sexual
partners. Mother contacted the police and took Victim to a
Child Advocacy Center where he was interviewed. Defendant and
two of his female sexual partners, Niesha Hampton
("Hampton") and Powell, were subsequently arrested
and charged with various crimes: statutory rape, sodomy,
deviate sexual intercourse with a person less than fourteen
years old, and child molestation.
Defendant's trial, Victim, Mother, and Powell all
testified against Defendant.
testified about the sexual abuse he suffered while he lived
with Defendant. He stated that starting around the time he
was eleven, Defendant would sometimes order him to
participate in sexual activity with one of his two sexual
partners. In describing the first time Victim was sexually
abused, Victim asserted that he, Defendant, and Hampton were
watching a movie when Defendant and Hampton began to kiss.
Victim left the room, but Defendant called him back and
asked, "Do you want to get in on this?" Victim told
him "no, " but Defendant told him to take his pants
off. Victim testified that he took his pants off because he
believed if he did not listen to his father, Defendant would
grab him and forcibly remove his pants. After Victim removed
his pants, Defendant directed him to put his penis in
Hampton's mouth while Defendant and Hampton engaged in
intercourse. The encounter ended when Victim ejaculated and
left the room to clean himself off. Victim testified that
afterwards he kept thinking "what just happened?"
and "why did [Defendant] make me do this?"
couple of months after the first incident, Defendant called
Victim into a room and told him to suck on Hampton's
nipples and lick her vagina. Defendant again directed Victim
to take off his pants and put his penis in Hampton's
vagina, which Victim did. Victim testified that the third
incident occurred when Defendant and Hampton were engaging in
sexual activity on a bed, and Defendant called Victim in and
told him to suck on Hampton's nipples and vagina. Victim
stated he did so, but he did not take his pants off.
later forced Victim to engage in similar sexual activity with
Powell. Victim stated he was twelve or thirteen when he had
his first sexual encounter with Powell and Defendant. Both
Victim and Powell testified that Defendant told Victim to put
his penis inside Powell's mouth, even though both Victim
and Powell stated they did not want to do so. Each also
stated that Powell got on top of Victim and sucked his penis
while Defendant had intercourse with Powell. On a different
occasion, when Victim was thirteen, he testified that, while
Defendant was having sex with Powell, he told Victim to put
his penis in Powell's mouth.
testified there were other times when his father invited him
to participate in sexual activities with him and one of his
girlfriends, but Victim would decline and Defendant allowed
him to leave. However, there were times when Victim would
decline to participate but his father would still pressure
him and "say to do it." Victim explained that he
did not tell anyone about the sexual assaults until he was
living with his Mother in Ohio because he "always keeps
secrets, " and he believed secrecy was necessary to
protect himself from Defendant, whom he and Powell both
characterized as "aggressive" at times. Victim
testified that if he did not listen to Defendant, then
Defendant would either yell at him, give him warnings, smack
him, or "get mad and start hitting" him.
told the jury about the timeline of Victim's childhood,
how he had lived with her up until he was ten or eleven and
then moved in with Defendant. She stated that Defendant was not
around a lot when Victim was a small child. She further
testified that while she had supervised visitation with
Victim while he lived with Defendant, she only saw him once,
even though she came to visit him multiple times. She
explained that she did not have the money to pay an attorney
to sort out the custody issues.
addition to the testimony described above, during
Powell's examination, the prosecutor asked her if
Defendant had ever made any statements to her about something
that happened in her childhood. The court allowed Powell to
respond, over Defense Counsel's objection, that Defendant
knew she had been sexually molested as a child, and while
they were having sex would ask "if I liked how I was
being molested, you know, just to, I guess, get his nut off,
and I didn't like that."
jury convicted Defendant of all submitted counts and the
court sentenced him to a total of 25 years' imprisonment.
This appeal follows.
III.Standard of ...