State of West Virginia v. Dana Persinger

Summary

The Supreme Court of Appeals of West Virginia reversed Dana Persinger's conviction for third degree sexual assault of his fourteen-year-old cousin because his inculpatory confession was involuntary: police continued interrogating him after he requested counsel, an officer promised him a favorable probation recommendation in exchange for cooperation, and he was held for questioning without prompt presentment before a magistrate. The court upheld the rape shield statute, W. Va. Code 61-8B-12, against a Sixth Amendment confrontation challenge, reasoning that consent was not a defense where the victim was under sixteen and statutorily incapable of consenting. The court also rejected the defendant's remaining claims regarding a res gestae statement, the indictment, proof of his age, and refused lesser-degree instructions, and awarded a new trial.