Crone, J.
We have concluded that the prosecutor improperly commented on Ryan’s constitutional right to a jury trial; improperly disparaged defense counsel, the role of defense counsel, and our system of justice; improperly urged the jury to convict Ryan for reasons other than his guilt; and improperly vouched for [alleged victim/witness] Z.W-B.’s truthfulness. The State argues that no fundamental error occurred because the evidence of sexual misconduct was overwhelming and demonstrates that the results would have been the same without the prosecutor’s comments. We are unpersuaded.
To convict Ryan of class C sexual misconduct with a minor, the State had to prove beyond a reasonable doubt that Ryan performed or submitted to fondling or touching of Z.W-B. with the intent to arouse or satisfy the sexual desires of Z.W-B. or Ryan. Ind. Code § 35-42-4-9. To that end, the State sought to prove that Ryan and Z.W-B. kissed with the intent to arouse or satisfy his or her sexual desires. Our review of the record reveals that the only evidence that Ryan kissed Z.W-B. to arouse or satisfy his or her sexual desires is Z.W-B.’s testimony. Her credibility is essential to the State’s case against Ryan. The Google Plus pages, the gifts, and Z.W-B.’s suicidal despair after her parents terminated all communication with Ryan may suggest that she and Ryan had a relationship that is consistent with and lends credibility to Z.W.-B.’s testimony, but they do not provide independent evidence that she and Ryan kissed in order to arouse or satisfy their sexual desires. The prosecutor improperly told the jury that defense counsel employed a “classic defense trick,” demeaning the role of defense counsel and our system of justice. Tr. at 152. We have stated that “the jurors’ estimates of the truthfulness of a witness or analysis of the evidence could be affected by the manner in which they perceive the role of defense counsel.” Bardonner, 587 N.E.2d at 1361. In addition, the jury’s assessment of Z.W-B.’s credibility would have been affected by the prosecutor’s improper declaration that Z.W-B. “told you the truth of what happened” and “has never been dishonest.” Tr. at 139, 153. Also, significantly, Ryan’s exercise of his constitutional right to a jury trial was penalized when the prosecutor stated to the jury that Ryan chose to have a jury trial to try to get away with his crime. [Footnote omitted.] Finally, the prosecutor went beyond the evidence and improperly urged the jury to convict Ryan “to send the message that we’re not going to allow people to do this.” Id. at 141. Together the cumulative effects of the prosecutor’s improprieties deprived Ryan of a fair trial. [Footnote omitted.] Accordingly we reverse his two convictions for class C felony sexual misconduct with a minor and remand for a new trial.
ROBB, C.J., and FRIEDLANDER, J., concur.