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there was evidence that the defendant had of those crimes results in independent evidence of
opportunity and had a guilty conscience. It also the criminal conduct. 57 Strict application of the
distinguishes this case from Kincaid and corpus delicti rule would seem to render some
Fredericson, cases where physical evidence crimes—such as indecent contact with a child—
combined with the defendant’s confession proved unprovable when committed against infant
that the act itself had occurred. children.

Even though our precedent does suggest that we Some courts have embraced an alternative to the
can look to the confession in aid of establishing the traditional corpus delicti rule for cases in which the
corpus delicti, our precedent still requires some confessed criminal conduct would not result in a
evidence outside that confession. Under a strict perceptible harm. For instance, in State v. Dern,
application of the rule, the State did not satisfy the the Supreme Court of Kansas recognized that an
corpus delicti rule in this case. But this does not end alternative analysis was required when “the nature
our analysis. and circumstances of [a] crime are such that it
[does] not produce a tangible injury.” In doing so,
The State also argues that this Court should the Kansas court looked to its own prior precedent,
recognize an exception to the corpus delicti rule for which often provided an “alternative path” to
cases involving trustworthy admissions to sexual satisfaction of the corpus delicti rule in cases
offenses committed against infants who are involving “no tangible injury.” The Dern court
incapable of outcry. The State points out that strict cited to State v. Cardwell, a case of rape, in which
application of the rule could effectively incentivize “there was no direct evidence in court of the corpus
the victimization of non-verbal infants, especially delicti—that the crime had in fact been committed”
through conduct unlikely to result in any and “[t]he case for the state rest[ed] upon
perceptible injury, such as inappropriate sexual extrajudicial admissions and upon circumstantial
contact. Upon considering the alternative, evidence as to these essential facts.” In reaction to
illustrated by cases such as Cokeley, we agree. We this lack of tangible evidence, the Cardwell court
recognize a discrete exception to strict application adopted “the reasonable rule that the law demands,
of the corpus delicti rule for cases in which a and only demands, the best proof of the corpus
defendant provides a well-corroborated confession delicti which, in the nature of the case, is
to a sexual offense that was committed against a attainable.” The Cardwell court elaborated that the
child who was incapable of outcry and that did not corpus delicti “may be established by evidence of
result in perceptible harm. When the State presents admissions of guilt by the accused supported by
sufficient corroborating evidence underlying a circumstantial evidence tending to corroborate the
confession in such a case, the corpus delicti rule admissions; provided all the evidence is sufficient
will not bar conviction. We have already expressed in the estimation of the jury and trial court to
concern that an unyielding application of the corpus establish the guilt of the accused beyond a
delicti rule could be used to “block convictions for reasonable doubt.” As the Kansas Supreme Court
real crimes that resulted in no verifiable injury” later admitted in Dern, the Cardwell logic plotted
against our society’s most vulnerable victims. an “alternate course” from the strict application of
Specifically, in many sex-related crimes against the corpus delicti rule but found that this alternate
infants, a defendant’s admission will often be the approach was appropriate when the “nature and
only evidence that the crime occurred. And even circumstances of [a] crime are such that it did not
recent clarifications to the rule, such as the produce a tangible injury.”
“closely-related crimes” exception acknowledged
in Miller, only operate when the defendant has This understanding recognizes that “certain
confessed to multiple crimes and when at least one crimes—for example, when there is a clear and

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