Summary
The Rhode Island Supreme Court affirmed a Family Court adjudication that Kyle A. was delinquent for second-degree child molestation sexual assault and was required to register as a sex offender. The Court held that legally competent evidence supported the finding that his intentional touching of the complainant was for purposes of sexual arousal or gratification, despite his age and the brief nature of the touching.
Topics
Practice areas
Questions Presented
- Whether legally sufficient evidence supported the Family Court's finding that Kyle A. intentionally touched the complainant for the purpose of sexual arousal or gratification under G.L. 1956 § 11-37-8.3.
- Whether the Family Court's factual findings were clearly wrong or unsupported by legally competent evidence.
Holdings
- The evidence was legally sufficient to support the Family Court's finding that Kyle intentionally touched Erin's genital area for the purpose of sexual gratification or arousal.
- The Family Court's findings were supported by legally competent evidence and were not clearly wrong.
Key quotations
“However, the state’s evidence that he entered the room on two occasions and placed his fingers over Erin’s vagina is not in dispute.” (137 A.3d at 711)
“The record is devoid of any evidence that supports the respondent’s argument that his actions were merely curiosity-satisfying and not intended for sexual gratification or arousal.” (137 A.3d at 712)
Factual background
Kyle A., then approximately fifteen years old, entered a living room twice during the night while thirteen-year-old Erin slept on a couch. During the second visit, he reached under her blanket and shorts and touched her vagina over her underwear; Erin pushed him away. The Family Court credited Erin's testimony and found that Kyle intentionally planned and carried out the touching for sexual gratification.
Procedural history
Following a one-day bench trial, the Family Court found Kyle A. delinquent under G.L. 1956 § 11-37-8.3 and ordered sex-offender registration. Kyle timely appealed, arguing that the evidence did not establish that the touching was intentional or undertaken for sexual gratification. The Rhode Island Supreme Court summarily decided the appeal after directing the parties to show cause and affirmed.
Remand instructions
The papers in the case may be remanded to the Family Court.