State Missouri v. Scott Jubal Koster

Defendant was found guilty by a jury of two counts of deviate sexual assault in the first degree, § 566.070, RSMo 1978, and one count of sexual assault in the first degree, § 566.040, RSMo 1978. Sentenced to five years in prison on two of the counts and one year on the third, all sentences to run concurrently, defendant appeals. We affirm. Defendant does not challenge the sufficiency of the evidence to support the findings of the jury; we, therefore, set forth the facts in abbreviated form. Defendant and his wife were employed as house parents at the Jefferson County Juvenile Detention Center where the fifteen-year-old prosecutrix was confined in connection with her drug abuse on several occasions during the months of October and November 1981 and February 1982. On October 28, 1981, defendant's wife was away from the center. Having determined that the prosecutrix liked to smoke cigarettes, which practice violated the institutional rules, defendant locked the male inmates in their rooms, delivered breakfast to the prosecutrix in her room, and provided her with a cigarette. After she smoked it, defendant asked her what she was going to do for him to show that she would not tell about the cigarette. He asked her to take off her clothes and lie on the bed; she complied. Although she refused to consent to physical contact, defendant spread the girl's legs and put his mouth on her vagina. Defendant then removed his trousers and inserted his penis into her vagina. Later in the day, defendant gave her another cigarette.