Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State, ex rel. G.D.B. v. State

Court of Appeals of Utah

February 22, 2019

State of Utah, in the interest of G.D.B., a person under eighteen years of age.
v.
State of Utah, Appellee. G.D.B., Appellant,

          Third District Juvenile Court, Salt Lake Department The Honorable Julie V. Lund No. 1135749

          Monica Maio and Alicia M. Memmott, Attorneys for Appellant.

          Sean D. Reyes, Nathan D. Anderson, and Mikelle C. Daugherty, Attorneys for Appellee.

          Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan M. Harris concurred.

          OPINION

          MORTENSEN, JUDGE.

         ¶1 G.D.B., a minor, appeals the juvenile court's adjudication finding him delinquent on one count of sexual abuse of a child for touching his four-year-old niece's vagina and trying to put his penis "in [her] bum." G.D.B. argues that the State failed to prove the touching was done with the intent to arouse or gratify G.D.B.'s sexual desires, as required by Utah Code section 76-5-404.1. We affirm.

         BACKGROUND[1]

         Revelation of Abuse

         ¶2 G.D.B. was seven-and-a-half years older than the four-year-old victim, his niece (Victim).[2] G.D.B. and Victim spent a lot of time together. Victim's mother (Mother) babysat G.D.B. and took him on outings with Victim. On most weekends, Victim stayed with her grandmother (Grandmother), who is G.D.B.'s mother. Victim usually slept in Grandmother's room, but she claimed she occasionally slept in the living room, where G.D.B. also slept. Although Grandmother was always nearby in the apartment, G.D.B. and Victim were sometimes alone in the same room together.

         ¶3 One evening in February or March 2016, Victim and Mother were watching a television show about people trying to survive naked in the wild. Victim asked Mother, "[W]hy are their private parts fuzzed out?" Mother answered, "[B]ecause private parts are . . . for them to see and not for the world to see." Victim responded, "[W]ell, [G.D.B.] always wants to see my private parts." Victim then revealed to Mother that G.D.B. touched her vagina and assured Mother that she was telling the truth.

         ¶4 After hearing Victim's account, Mother no longer allowed Victim to stay at Grandmother's apartment. While she missed visiting Grandmother, Victim did not want to see G.D.B. Victim said that she felt "safe" around G.D.B. only when others were present because "she knew [G.D.B.] wouldn't [touch her inappropriately] in front of somebody else." Mother reported the incident to Child Protective Services (CPS).

         ¶5 About a month later, while using the bathroom on a camping trip, Victim asked Mother how boys urinate. Mother explained that boys have different body parts. Victim responded, "I know they have a penis . . . . [G.D.B.] always tried to stick his penis in me." When Mother asked where on her body, Victim indicated her vagina. Mother also disclosed this information to CPS.

         Investigation of Abuse

         ¶6 In June 2016, a special victim's investigator (Investigator) interviewed Victim at the Children's Justice Center (CJC) about the abuse she had revealed to Mother. According to Investigator, Victim was "developmentally able to communicate accurately about the situation." Victim said that G.D.B. touched "her private parts," defined by Victim as her vagina and buttocks, more than once. Victim revealed that G.D.B. touched her with his hands over her clothing. Victim also stated that she repeatedly tried to stop G.D.B. from touching her, but G.D.B. refused to stop.

         ¶7 Shortly after the CJC interview, Victim received a medical examination conducted by a nurse practitioner (Nurse) specializing in sexual abuse exams. Victim told Nurse that G.D.B. had touched "her front part" with his hands under her clothes and that the touching hurt.

         ¶8 Although Victim's physical examination was normal and showed no signs of abuse, Nurse determined that Victim "had a significant history that was positive for sexual abuse" based on Victim's answers to Nurse's questions. Nurse clarified that a normal exam does not rule out sexual abuse, because "95 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.