State of Utah, in the interest of G.D.B., a person under eighteen years of age.
State of Utah, Appellee. G.D.B., Appellant,
District Juvenile Court, Salt Lake Department The Honorable
Julie V. Lund No. 1135749
Maio and Alicia M. Memmott, Attorneys for Appellant.
D. Reyes, Nathan D. Anderson, and Mikelle C. Daugherty,
Attorneys for Appellee.
David N. Mortensen authored this Opinion, in which Judges
Michele M. Christiansen Forster and Ryan M. Harris concurred.
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
G.D.B. was seven-and-a-half years older than the
four-year-old victim, his niece (Victim). 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.
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
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).
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.
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.
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.
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 ...