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In re K.C.

Court of Appeals of Iowa

September 12, 2018

IN THE INTEREST OF K.C., Minor Child, K.C., Minor Child, Appellant.

          Appeal from the Iowa District Court for Scott County, Mark R. Fowler and Cheryl E. Traum, District Associate Judges.

         K.C. appeals from the district court's adjudication of him as delinquent for lascivious acts with a child. AFFIRMED.

          Lauren M. Phelps, Davenport, for appellant.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Considered by Danilson, C.J., and Vogel and Tabor, JJ.

          VOGEL, Judge.

         K.C. appeals his adjudication as a delinquent for lascivious acts with a child under Iowa Code section 709.8 (2016). He argues that the district court's determination was not supported by sufficient evidence because the alleged victim, A.A., was not a credible witness and K.C. lacked the requisite specific intent. We find the district court had sufficient evidence for the adjudication because the record support's A.A.'s credibility and K.C. had the specific intent to commit the act.

         I. Background Facts and Proceedings

         On August 9, 2016, K.C. assisted his brother with babysitting A.A.-then age four and one-half-and her brother. A.A.'s mother left the residence around nine o'clock at night and returned around midnight. Upon arriving home, A.A.'s mother found K.C. and A.A. asleep in the same bed and both were fully clothed. A.A.'s mother woke A.A. and took her to the bathroom before returning her to the bed.

         The following morning, A.A.'s mother left for work around seven, and then A.A.'s father arrived at the residence to pick up A.A. and her brother. At the time, A.A.'s father did not ask K.C. why he was in the bed with A.A.; however, he questioned A.A.'s mother about the situation later. A.A.'s mother spoke with A.A., who indicated that K.C. had touched her on her "coochie" and her "butt." A.A.'s mother testified that A.A. was very upset and cried while discussing the incident. A.A.'s mother and father accompanied her to the hospital for an examination.

         On August 11, 2016, at the examination, A.A. met with a Sexual Assault Nurse Examiner (SANE). A.A. told the SANE nurse that K.C. touched both her vaginal area and her buttock with the purpose of determining if A.A. had urinated in the bed, and that K.C. continued to touch her even after she became upset and started to cry. Although doubtful that a "touch DNA" would produce a result, the SANE nurse prepared a sexual assault evidence kit for law enforcement to collect the next day.

         Law enforcement interviewed K.C. on August 30, 2016. K.C. told law enforcement that the covers smelled of urine and he decided to check if A.A. had urinated in the bed. He initially stated he touched A.A.'s thighs on the outside of her clothes. Later in the interview, K.C. admitted to reaching inside A.A.'s clothes to touch her in order to see if urination occurred. He also stated that he opened the back of her pants and accidentally touched her buttock. Additionally, K.C. told law enforcement he has had sexual thoughts about an ex-girlfriend but denied having had any sexual thoughts regarding A.A. specifically.

         On September 21, 2016, a petition was filed alleging K.C. committed a delinquent act, lascivious acts with a child. At a hearing, held on December 7, 2017, K.C. was found to be a delinquent child and was adjudicated on the charge of lascivious acts with a child. The court ordered K.C. to be placed at the Iowa State Training School in Eldora.

         K.C. now appeals his adjudication. He claims the district court erred in adjudicating him, asserting A.A. was not a credible witness and he lacked the specific ...


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