TOPEKA —The Kansas Supreme Court on Friday remanded the case of a former Hays teacher convicted of child sex crimes back to a Saline County district court.
Brooke Dinkel, 38, who formerly taught in Hays and was a counselor at Smoky Valley Middle school in Lindsborg, appealed her convictions from 2014. She was convicted of two counts of rape of a child under the age of 14.
"Most of Dinkel's claims related to her defense that the alleged victim — K.H. — raped her and that she continued the sexual contact because K.H. was blackmailing her and she had a mental disease or defect," the court said in its summary Friday.
"Writing for a unanimous Kansas Supreme Court, Justice Eric Rosen held a defendant's claim that he or she was forcibly raped is relevant to the crime rape of a child under the age of 14 because it negates the voluntary act requirement. The Supreme Court reversed the Court of Appeals and remanded the case to the district court with directions to hold a hearing on whether Dinkel's trial counsel was ineffective for failing to argue the State did not establish the voluntary act requirement. The Supreme Court retained jurisdiction of the case."
The complete decision can be viewed HERE.