State v. Ninh

The defendant was convicted of one count of indecent liberties with a child, three counts of rape, and two counts of aggravated criminal sodomy. The Kansas Supreme Court upheld the defendant’s conviction, finding that that the Kansas rape and aggravated criminal sodomy statutes were not unconstitutionally vague, as they provided fair notice of prohibited conduct and articulate clear standards for enforcement. The court also found sufficient evidence that the victim was overcome by fear, as she testified to feeling forced to comply with Ninh’s actions due to fear of family disruption and harm to her siblings. The defendant was also not denied his right to a unanimous verdict and any prosecutorial error was harmless.