AT A NEW YEAR’S EVE PARTY IN 2019
A Platte County jury found a Kansas City man guilty on Aug. 20 of raping a 15-year-old girl at a New Years Eve party on Jan. 1, 2019 in Kansas City.
Harley A. Marolt, 28, was convicted after a four-day jury trial of statutory rape in the second degree.
Platte County Prosecuting Attorney Eric Zahnd said, “Child sexual crimes happen in the dark and behind closed doors. And for the victim in this case, it was no different. I am continually amazed by the courage of child victims when they speak out and tell their story. The victim in this case showed incredible strength and courage in telling her story about what happened to her.”
At trial, prosecutors proved that the victim and a 16-year old friend went to a New Year’s Eve party with the defendant. At the party, many people were drinking, including the victim and her friend. When the victim started getting a headache, she went to lay down in a bedroom.
The defendant then came into the bedroom several times and eventually took her pants down and raped her.
After leaving the party, the victim disclosed what the defendant did to her to friends and her mother several days later. Upon learning what happened, her mother took her to St. Luke’s Hospital for a sexual assault nursing examination.
The victim went to Synergy Services for a child forensic interview. Synergy Services is a local agency that provides specialized services for children who have experienced or witnessed abuse.
Sadly, the current state of Missouri law did not allow her forensic interview to be played at trial because she was over the age of 13. The current law allows such interviews to be played for the jury only when the victim is under the age of 14.
For several years, Zahnd and Missouri prosecutors have lobbied the legislature to change the age for these forensic interviews. Zahnd’s office drafted proposed legislation to make these changes.
The Missouri legislature agreed, and the governor signed the bill. On Aug. 28 the law in Missouri changes and permits these child forensic interviews to be played in court when the child victim is under the age of 18.
Zahnd’s office proved Marolt is a prior felony offender, so sentencing will be done by Judge Ann Hansbrough at a later date.
Marolt’s prior felony was also a sex crime against another 15-year old female child, so prosecutors were able to use that prior offense to show Marolt has a propensity to commit sex crimes against children thanks to Article I, Section 18(c) of the Missouri Constitution which allows the admission of prior criminal acts as propensity evidence in sexual crime prosecutions involving victims under 18.
“Child sex crimes are incredibly difficult to prosecute. People know it happens, but don’t want to believe it does. Every year, Missouri prosecutors are pushing for tougher laws against child abusers and doing everything we can to help curb this horrific crime,” Zahnd added.
The case was investigated by the Kansas City Police Department. It was prosecuted by assistant prosecuting attorneys Kaylee Haight and John Chambers.
