Olmsted County District Court. File No. J50350613/J03031510.
Considered and decided by Minge , Presiding Judge; Harten , Judge; and Halbrooks , Judge.
In an adjudication of delinquency for criminal sexual conduct, the district court is not required to judge the element of consent by a "reasonable juvenile" standard.
The opinion of the court was delivered by: Minge, Judge
On appeal from an adjudication of delinquency, appellant juvenile argues that there was insufficient evidence to support the adjudication because the state failed to prove lack of consent, as would be understood by a reasonable juvenile. Because there is sufficient evidence in the record to support appellant's adjudication and because we find no authority requiring the district court to apply a "reasonable juvenile standard" to the element of consent for criminal sexual conduct, we affirm.
On May 8, 2003, appellant, the complainant, the complainant's boyfriend, and another teen were driving around the city of Rochester when one of the passengers suggested that the complainant "flash," by lifting up her shirt and exposing her breasts to the boys in the car and to individuals in passing cars. Appellant and the complainant's boyfriend were in the back seat; the complainant was directly in front of appellant. Appellant and complainant were both 14 years old at the time.
The complainant was wearing a large jersey, with a tube top and bra underneath. According to the complainant's testimony, appellant unhooked her bra, and grabbed and pinched her breasts by reaching around the front seat. The complainant stated that "[h]e just. . . started touching me, and then it got worse." At various times, both the complainant and her boyfriend told appellant to stop touching her.
Rochester Police Officer Jeffrey Sobczak was urged by another minor to check the vehicle in which the complainant was riding to make sure the complainant was "okay." After another officer stopped that vehicle, Officer Sobczak approached the scene and spoke with the complainant. Officer Sobczak testified that the complainant was crying and shaking, and she told him that appellant had unhooked her bra and grabbed her breasts. Officer Sobczak found the complainant's bra in the backseat of the vehicle.
On May 9, 2003, a three-count delinquency petition was filed, and following a two-day hearing, the district court found that appellant had committed criminal sexual conduct in the fifth degree in violation of Minn. Stat. § 609.3451, subds. 1(1), 2 (2002). A pre-dispositional report was prepared, and appellant was adjudicated delinquent on October 23, 2003.
Was there sufficient evidence to prove that appellant's conduct ...