Missouri Court of Appeals, Southern District / Sep 26, 2023
STATE OF MISSOURI, Plaintiff-Respondent v. TYSON J. FAIRLEY, Defendant-Appellant
Tyson Fairley appealed his convictions for first-degree rape and sodomy after a bench trial, challenging the sufficiency of the evidence regarding the victim's consent and the admission of electronic messages. The victim, ML, was heavily intoxicated and took Xanax, and her text messages indicated fear and impairment. Fairley's conduct and later messages also suggested awareness of her vulnerability. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the convictions and no abuse of discretion in admitting the electronic messages.