TWIN FALLS, Idaho — The trial for a former Filer elementary school teacher charged with rape is now underway in Twin Falls County.
Jacob Mishler, who was arrested last year, is accused of raping a relative in 2012 when she was still in high school.
Hear what happened on day one of the jury trial for forcible rape:
"When she was a teenager, Jacob Mishler raped her in the shower. Overcame every bit of resistance she had," prosecutor Suzanne said during opening statements.
The accuser testified before a jury on Tuesday, describing how her brother-in-law forcibly raped her, then sent her letters with inappropriate messages for a year while she was on her LDS mission.
"So she said no, stop! She tried to fight him off," Suzanne told the court.
Defense attorney Michael Danielson urged jurors to question why the accusation didn't surface for 12 years.
"You won't see a rape kit, you won't see any photographs or records of a physical exam. You won't see any evidence placing Jacob in the shower in question," Danielson said.
"You're going to hear how in 2023, she entered the police department 11 years later. Then you're going to hear that in March of 2023, 11 years later, she entered the police department, claimed that she'd been molested by Jacob Mishler in 2010 and 2012, and still she told no one that she'd been raped," Danielson said.
Detective Jason Kelly, testifying for the prosecution, said 70 to 80 percent of sexual assault cases he investigated were also reported much later.
"I've had lots of experience with people calling me to add to or to say 'I forgot to tell you this, I just remember this' or to add details to what they reported," Kelly said.
Witness testimony will continue on day two of the trial, starting Wednesday morning at 8:30.
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