In re G.D.B.
2019 UT App 29
Utah Ct. App.2019Background
- Victim (about 4 years old) disclosed to her mother that her older cousin, G.D.B. (about 11), touched her vagina and tried to put his penis in her anus while they were sometimes alone at Grandmother’s apartment.
- Victim told the investigator she was touched multiple times with hands over clothing, tried to stop him, and said the touching hurt.
- A nurse practitioner conducted a sexual-abuse exam; the physical exam was normal but the nurse concluded the history was consistent with sexual abuse.
- The State charged G.D.B. under Utah Code § 76-5-404.1(2) for touching a child’s genitalia with intent to arouse or gratify sexual desire.
- At the bench trial the juvenile court found Victim credible and inferred sexual intent from the circumstances; it adjudicated G.D.B. delinquent.
- On appeal G.D.B. argued the State failed to prove sexual intent and that a juvenile’s age/maturity should be considered in inferring intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved beyond a reasonable doubt that G.D.B. acted with intent to arouse or gratify sexual desire when touching the victim | Intent can be inferred from the circumstances (touching of genitalia while alone; no innocent explanation) | No direct evidence of sexual intent; when the alleged offender is a child, court must consider the offender’s age, maturity, and sexual development before inferring intent | Affirmed. Court held intent may be inferred from conduct and circumstances; juvenile court reasonably inferred intent and, absent indication otherwise, is presumed to have considered the juvenile’s age and maturity |
Key Cases Cited
- In re D.M., 310 P.3d 741 (Utah Ct. App. 2013) (upheld inference of sexual intent from an eleven‑year‑old’s exposure and touching of a younger child)
- In re J.S., 292 P.3d 709 (Utah Ct. App. 2012) (intent is a state of mind that may be inferred from conduct and circumstances)
- State v. Holgate, 10 P.3d 346 (Utah 2000) (intent may be proven by circumstantial evidence and reasonable inferences)
- In re K.M., 173 P.3d 1279 (Utah 2007) (juvenile courts take age, experience, and emotional maturity into account in juvenile adjudications)