Victim Sympathy

In OCCA case No. F-2012-236, #Jonathan Bear Robe Nahwooksy appealed his conviction for #First Degree Rape and Second Degree Rape by Instrumentation. In an unpublished decision, the court decided #to affirm the conviction but modified the sentence. Nahwooksy was originally sentenced to thirty years imprisonment for First Degree Rape and five years for Second Degree Rape by Instrumentation; however, the court changed the thirty-year sentence to twenty years and ordered both sentences to be served at the same time instead of one after the other. During the trial, Nahwooksy was found guilty of raping his second cousin, K.M., who was fourteen at the time. The case revolved around whether the sexual encounter was forced or consensual. The prosecutor's conduct throughout the case led to concerns about the fairness of the trial. Specifically, the prosecutor made inappropriate comments during the trial that seemed to create sympathy for K.M. and portrayed herself and the investigating officer as champions of justice. The court examined the prosecutor's behavior and found that it went beyond acceptable limits, especially when she made personal comments and depicted herself as fighting for victims. While there was enough evidence for the jury to find Nahwooksy guilty, the court believed that the prosecutor's misconduct during closing arguments likely affected the jury's decision on sentencing. In conclusion, while the conviction was upheld, the court decided to reduce Nahwooksy's sentence to ensure fairness in light of the errors made during the trial. #None dissented.