North Dakota Supreme Court to hear appeal of West Fargo man’s conviction in child sex …

“It is beyond dispute that this State does not require corroboration of a rape victim’s testimony to sustain a conviction,” the state’s brief notes, quoting a 1984 North Dakota Supreme Court ruling.

That legal standard sits at the heart of an upcoming high court showdown in Bismarck, where the North Dakota Supreme Court is scheduled to hear oral arguments November 10 in the appeal of Nicolas Colin Wika, wdayradionow.com reported. Wika is a West Fargo man currently serving a life sentence after a Cass County jury convicted him in December 2025 of three counts of gross sexual imposition involving his young stepdaughter.

Oral Arguments Scheduled in Bismarck High Court

The state’s highest court will convene at 1:30 p.m. on Tuesday, November 10, to hear arguments from both sides in the appeal. Wika’s attorney, Kiara Kraus-Parr of Grand Forks, filed a brief on July 20 asking the court to reverse all three convictions handed down following a three-day trial before District Judge Wade L. Webb. Wika was sentenced on March 31, 2026, to life imprisonment with the possibility of parole on two Class AA felony counts, alongside a concurrent 20-year sentence on a Class A felony count.

The defense challenge centers on whether the trial court erred in denying a motion for judgment of acquittal. Kraus-Parr argues that prosecutors failed to present sufficient evidence to prove the charges beyond a reasonable doubt, pointing specifically to an absence of corroborating physical evidence and conflicting timelines regarding when the alleged offenses took place.

The Defense Case on Evidence and Timelines

The criminal charges stemmed from a July 2025 investigation by the West Fargo Police Department after Wika’s stepdaughter, who was nine years old at the time of trial, disclosed allegations of sexual abuse. Prosecutors charged Wika with two counts involving sexual acts with a child younger than 15 and a third count involving sexual contact.

North Dakota Supreme Court to hear appeal of West Fargo man's conviction in child sex ...
Photo: kfyrtv.com

According to the appellate brief, a pediatric nurse practitioner who examined the child testified that the medical evaluation revealed no physical injuries and that testing for sexually transmitted infections came back negative. While highlighting this absence of forensic evidence, the defense also noted the nurse practitioner’s admission that roughly 95 percent of examinations following legitimate sexual assaults yield normal results.

North Dakota Supreme Court to hear appeal of West Fargo man's conviction in child sex ...
Photo: valleynewslive.com

Wika likewise maintains that the child was actually talking about consensual sexual behavior she observed between adults living in the residence rather than any abuse directed at her, with valleynewslive.com reporting that a household adult testified at the trial expressing disbelief regarding the accusations.

Furthermore, the defense challenges the prosecution’s investigative timeline. Original charging documents alleged the abuse began in August 2024 around the start of the child’s second-grade school year, but prosecutors later amended the timeframe to cover August 1, 2024, through July 4, 2025. Kraus-Parr argues the child described incidents inside a townhouse where the family did not actually move until March 2025, creating an unresolved conflict in the state’s case.

Prosecutors Defend Jury Verdicts

The Cass County State’s Attorney’s Office is urging the Supreme Court to uphold the convictions. In a response filed August 19, Assistant State’s Attorney Nicholas Samuelson argued that the jury heard sufficient evidence to find Wika guilty on all three counts.

20260027, Bjerke, et al. v. North Dakota

Prosecutors maintain that the child’s testimony was legally sufficient to establish the offenses without requiring independent corroboration. Samuelson argued in court filings that Wika is improperly asking the Supreme Court to reweigh witness credibility and substitute its judgment for that of the jury. Regarding the residential timeline, the state acknowledges the March 2025 move into the townhouse but maintains the evidence supports a finding that the offenses occurred between that move and the child’s disclosure in July, asserting that exact dates are of no legal consequence as long as the crimes occurred within the charged timeframe.

The Supreme Court is not required to issue an immediate ruling following the November 10 oral arguments.