TOPEKA —The Kansas Supreme Court today announced that it had vacated a former Smoky Valley Middle School counselor's two convictions of rape of a child under the age of 14 and remanded the case for a new trial, according to a release from the court.
Brooke Dinkel who formerly taught school in Hays is now 40. She was convicted in Saline County District Court in 2014. According to court records, the victim was a student at the middle school.
In her defense, Dinkel argued the alleged victim had physically forced the first act of sexual intercourse and blackmailed Dinkel into continuing the sexual contact and that she had a mental disease or defect.
After the conviction in Saline County District Court, Dinkel appealed, alleging a number of errors, and the Court of Appeals remanded the case for a hearing on whether her trial counsel had been ineffective, according to information released by the Kansas Supreme Court with its ruling. The district court concluded that Dinkel's counsel had not been ineffective and the Court of Appeals agreed. Additionally, the Court of Appeals rejected Dinkel's claims of error, largely based on its conclusion that her intent was irrelevant because there is no mental culpability requirement for rape of a child.
"On review, the Supreme Court reversed the Court of Appeals conclusion that Dinkel's intent was irrelevant. It ruled that evidence the sexual intercourse was physically forced was relevant to the voluntary act requirement," the Kansas Supreme Court information noted.
The Kansas Supreme Court then remanded the case to the district court for a hearing concerning whether Dinkel's counsel had been ineffective for failing to argue the voluntary act requirement. According to the information from the Kansas Supreme Court, the district court concluded counsel had not been ineffective.
"In an opinion written by Justice Eric Rosen, a majority of the Supreme Court disagreed. It held that counsel had been ineffective when it failed to craft a defense that rendered Dinkel's claims of forced intercourse legally relevant. But it affirmed the Court of Appeals conclusion there is no mental culpability requirement for rape of a child," the Kansas Supreme Court noted.