In re D.W.

Summary

The District of Columbia Court of Appeals affirmed D.W.'s juvenile delinquency adjudication for incest. The court held that uncontradicted testimonial and circumstantial evidence was sufficient to establish beyond a reasonable doubt that D.W. and the victim were half-siblings within the statutory degree of consanguinity, and that genetic testing was not required.

Holdings

1. The uncontradicted testimony identifying D.W. and D.S. as the children of the same father was sufficient to support the finding beyond a reasonable doubt that they were half-siblings and therefore related within the fourth degree of consanguinity.
2. Genetic testing is not required in every incest prosecution or delinquency proceeding; testimonial or circumstantial evidence may establish consanguinity beyond a reasonable doubt.

Questions Presented

1. Whether the evidence was sufficient to prove beyond a reasonable doubt that D.W. and D.S. were related within the fourth degree of consanguinity under the District of Columbia incest statute.
2. Whether scientific or genetic testing was required to establish the parties' biological relationship in a juvenile incest proceeding.

Disposition

affirmed