IN THE INTEREST OF K.C., Minor Child, K.C., Minor Child, Appellant.
from the Iowa District Court for Scott County, Mark R. Fowler
and Cheryl E. Traum, District Associate Judges.
appeals from the district court's adjudication of him as
delinquent for lascivious acts with a child.
M. Phelps, Davenport, for appellant.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
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.
Background Facts and Proceedings
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.
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.
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.
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.
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.
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 ...