In Re D.B.

53 A.3d 646 (2012)

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Nature of the Case

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Facts

D and the complainant, also a juvenile, regularly rode the school bus together. D sat next to the complainant on the bus ride home. The complainant testified that D put his hand down her shirt and touched her breasts. She further stated that he put his hand down her pants and “ran it” down to her ankle. She repeatedly told D to stop, but he did not. She testified that, immediately after the incident, D told her, “If you tell anyone, I'll rape you every single month til we get pregnant and I'll hurt your little brother.” She reported the incident to a guidance counselor. D was charged with misdemeanor sexual assault, and witness tampering. The complainant wrote a statement describing the incident that when D reached underneath her clothes, he “squeezed and rubbed” her breasts, and “touched [her] privates and … rubbed them.” She also agreed that in her statement, she described D's conduct as “hurting” her and being “rough.” P presented a surveillance video of the May 19 bus ride. The complainant testified that she did not alert other students on the bus at the time of the incident because she “did not want to get in trouble,” “did not want other people to know,” and “was in shock.” D moved to dismiss the sexual assault charge for lack of sufficient evidence. The trial court found D delinquent on both charges. D appealed.