State v. West, 849 S.W.2d 671, 674 (Mo.App. 1993). This Court has followed that principle in State v. Zerante, 825 S.W.2d 41, 43 (Mo.App. 1992) and State v. Davenport, 839 S.W.2d 723, 728 (Mo.App. 1992). While these cases both dealt with the admission of evidence over a Defendant's objection, we see no difference.
Lack of consent may be established by showing actual force or submission because of fear induced by violence or threat of violence. State v. Davenport, 839 S.W. 2d 723, 726 (Mo. Ct. App. 1992). Petitioner pounded on the door in the early morning hours to gain admission to Walker's apartment, searched the apartment in a jealous rage for another man, threatened Walker and her children with physical harm, and orally sodomized her. As the state court noted, even if Walker did not physically resist the sexual intercourse that followed, she submitted because of fear induced by petitioner's threats and violent behavior.
The State argues, however, that the acts of vandalism, together with other evidence of Appellant's harassment of Karen and the family, which was also unobjected to, supported the victim's testimony that she did not report the incident sooner because of her fear of Appellant. Uncharged acts committed against third persons may be admissible in corroboration of the victim's fear of the accused. See State v. Davenport, 839 S.W.2d 723, 728 (Mo.App.S.D. 1992). In Davenport, this court indicated that evidence of the defendant's physical abuse of the victim's mother, known to the victim, was arguably admissible on the issue of whether the victim's delay in reporting the defendant's acts against her was attributable to fear.