In the Interest of: R.S.A., a Minor
In the Interest of: R.S.A., a Minor No. 3114 EDA 2015
| Pa. Super. Ct. | Jun 2, 2017Background
- Appellant R.S.A., age 13, was adjudicated delinquent for involuntary deviate sexual intercourse with a child (IDSI), sexual assault, and indecent assault based on allegations that he lured a 7‑year‑old victim into a bathroom at a child’s birthday party and put his penis in her mouth.
- Victim identified Appellant at the adjudicatory hearing; the juvenile court found her testimony credible and consistent with prior statements to teacher, counselor, and mother.
- The juvenile court placed Appellant on probation, ordered participation in an outpatient sex‑offender program (DelStar), drug screens, no unsupervised contact with children under 12, and a curfew.
- On appeal, Appellant challenged (1) the sufficiency of the evidence supporting the delinquency adjudications and (2) that the adjudications were against the weight of the evidence.
- The Superior Court affirmed sufficiency, agreeing the Commonwealth presented adequate, consistent testimony to sustain the adjudications.
- Because Appellant did not file a post‑dispositional motion raising a weight claim, the Superior Court remanded to permit nunc pro tunc filing of such a motion, following juvenile‑procedure precedents addressing preservation of weight claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support adjudications | Commonwealth: Victim’s consistent testimony and prior statements proved elements of IDSI, sexual assault, and indecent assault. | Appellant: Evidence was unreliable and contradictory, insufficient to prove guilt beyond a reasonable doubt. | Affirmed: Evidence was sufficient; victim credible and testimony consistent with prior statements. |
| Whether adjudications were against the weight of the evidence | Commonwealth: Not directly argued below; relied on sufficiency and credibility findings. | Appellant: Adjudications shock the conscience; trial court should reassess facts and grant new adjudication. | Not resolved on merits: Remanded to juvenile court to allow Appellant to file a post‑dispositional motion nunc pro tunc to present the weight challenge. |
Key Cases Cited
- In re J.B., 106 A.3d 76 (Pa. 2014) (juvenile delinquency rules silence on preserving weight claims requires remand to allow post‑dispositional motion nunc pro tunc).
- Interest of J.G., 145 A.3d 1179 (Pa. Super. 2016) (applies In re J.B.; declines to deem weight claim waived where juvenile first raised it in Rule 1925(b), remanding for post‑dispositional motion).
