Perez v. State
2016 Ark. App. 291
| Ark. Ct. App. | 2016Background
- Juan Perez was convicted by a jury of three counts of rape involving victim K.W., who was 10–11 years old when the offenses occurred; he received three concurrent 25‑year terms.
- A separate rape charge involving a different victim (G.K.) was tried alongside Perez’s K.W. charges, but the sentencing order for that separate case was not included in the appeal record and was not appealed by Perez.
- Perez moved for a directed verdict at trial, arguing insufficient evidence; he renewed that sufficiency challenge on appeal.
- K.W. testified to more than twenty incidents of molestation over about a year, describing multiple specific episodes involving anal and oral penetration, use of a condom and lubricant, and gifts given afterward.
- K.W. did not disclose the abuse until questioned about unrelated misconduct; he made one false statement to an interviewer (claiming Perez threatened to kill him) but maintained the molestation allegations were true. A nurse found no physical trauma.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to support convictions for rape of K.W. | Perez: testimony had numerous inconsistencies and motive to fabricate; thus conviction rests on speculation. | State: K.W.’s detailed testimony and accounts to a forensic interviewer were sufficient; credibility matters for the jury. | Affirmed — K.W.’s uncorroborated testimony, if believed, was substantial evidence supporting the rape convictions. |
Key Cases Cited
- Steele v. State, 434 S.W.3d 424 (Ark. Ct. App. 2014) (directed‑verdict/sufficiency challenge standard)
- Davis v. State, 459 S.W.3d 821 (Ark. Ct. App. 2015) (review limited to evidence supporting the verdict; view evidence in light most favorable to the State)
- Todd v. State, 465 S.W.2d 435 (Ark. Ct. App. 2015) (notice of appeal must designate the judgment or order appealed)
- Brown v. State, 265 S.W.3d 772 (Ark. Ct. App. 2008) (inconsistencies in victim’s testimony are for the jury to resolve)
