Com. v. AWC

951 A.2d 1174, 2008 WL 2426825
CourtSuperior Court of Pennsylvania
DecidedJune 17, 2008
Docket986 MDA 2007
StatusPublished

This text of 951 A.2d 1174 (Com. v. AWC) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. AWC, 951 A.2d 1174, 2008 WL 2426825 (Pa. Ct. App. 2008).

Opinion

951 A.2d 1174 (2008)

COMMONWEALTH of Pennsylvania, Appellee
v.
A.W.C., a Minor, Appellant.

No. 986 MDA 2007.

Superior Court of Pennsylvania.

Submitted March 10, 2008.
Filed June 17, 2008.

*1175 MaryJean Glick, Public Defender, Lancaster, for appellant.

Rebecca S. Franz, Asst. Dist. Atty., for Com., appellee.

BEFORE: STEVENS, PANELLA, and HUDOCK, JJ.

OPINION BY STEVENS, J.:

¶ 1 This is an appeal from the dispositional order entered in the Court of Common Pleas of Lancaster County following Appellant's adjudication of delinquency on the charge of statutory sexual assault.[1] We conclude the trial court erred in adjudicating Appellant delinquent, and therefore, we vacate the dispositional order entered in this matter.

¶ 2 The relevant facts and procedural history are as follows: Appellant, who was fifteen years old, and A.M., who was eleven years old, engaged in sexual intercourse, and as a result, Appellant was charged with statutory sexual assault. On February 28, 2007, represented by counsel, Appellant proceeded to a juvenile adjudication hearing, at which Appellant sought to present a "mistake of age" defense. At the hearing, A.M. testified that Appellant lived near her family, she believed Appellant was sixteen years old, and she is not married to Appellant. N.T. 2/28/07 at 34. On July 18, 2006, A.M. was at Appellant's house playing with Appellant's fourteen-year-old sister, D.C. Id. at 24. Appellant was in his bedroom with some friends, including D.C.'s boyfriend, and A.M. was in D.C.'s bedroom with D.C. and D.C.'s twelve-year-old male cousin. Id. at 36. At some point, D.C, who had been going back and forth between the two bedrooms, told A.M. that if she had sex with Appellant then she would have sex with her boyfriend. Id. at 37. A.M. expressed uncertainty; however, after some prodding by D.C., A.M. agreed to have sex with Appellant. Id. at 38. Appellant came over to D.C.'s bedroom, and D.C. and her younger cousin left the room. Id. at 38. A.M. told Appellant about her agreement with D.C., and Appellant began kissing A.M. Id. at 40-41. A.M. removed her clothes, and Appellant pulled down his pants. Id. at 42. Appellant inserted his penis into A.M.'s vagina but removed it when A.M. indicated it hurt. Id. at 43. After a short time, Appellant reinserted his penis into A.M.'s vagina but removed it *1176 when A.M. indicated it hurt. Id. at 44. Appellant left the bedroom, A.M. dressed herself, and D.C. came back into the bedroom. Id. at 45. A.M. reported to D.C. what had transpired between her and Appellant. Id. at 45. A.M. testified that she had known Appellant since December of 2005, she went to his and D.C.'s house on occasion, and she talked to Appellant on occasion. Id. at 47. She was not Appellant's close friend, and he was not her boyfriend. Id. at 50, 55.

¶ 3 A.M.'s mother testified A.M. was born on February 10, 1995, and she had a conversation with Appellant regarding A.M.'s age. Id. at 62. Specifically, A.M.'s mother testified that, when she and her daughters moved next door to Appellant's family on Green Street in December, Appellant expressed an interest in dating her oldest daughter, who rejected Appellant. Id. at 62-63. Appellant then "tried to go after" A.M., who was then ten years old. Id. at 62. In March of 2006, A.M.'s mother told Appellant and Appellant's mother that A.M. was only eleven years old and that Appellant had better "stay away from [her] daughter." Id. at 62-64. Shortly thereafter, Appellant "jumped the fence" and tried to kiss A.M. Id. at 64. A.M.'s mother witnessed the attempted kissing, told Appellant to stay away from A.M., and reiterated that she was only eleven years old. Id. at 64.

¶ 4 Police Officer Dean Miller testified he interviewed Appellant, who was born on January 29, 1991, in his mother's presence on October 5, 2006, and Appellant told him that he was A.M.'s boyfriend. Id. at 67. Appellant admitted that he and A.M. had sex, to which A.M. consented. Id. at 67. Appellant told Officer Miller that he thought A.M. was fourteen years old, and he did not discover that she was eleven years old until after the sexual intercourse had occurred. Id. at 67-70.

¶ 5 Appellant's sister, D.C., testified she used to "hang out" with A.M. "once in a blue moon" when A.M. lived next to D.C.'s family. Id. at 71-72. A.M. did not "hang out" with Appellant, and they were not dating. Id. at 73. D.C. believed A.M. was fourteen years old because that's what A.M. had told D.C. Id. at 74. After the incident at issue occurred, D.C. discovered that A.M. was not fourteen years old. Id. at 74. D.C. testified that, on the day A.M. and Appellant had sex, D.C. and A.M. were in D.C.'s bedroom watching a movie with a group of males, all of whom were either fifteen or seventeen years old. Id. at 75-76. Suddenly, A.M. announced she was going to the bathroom but, instead, she went to Appellant's bedroom. Id. at 75. Later that night, A.M. told D.C. that she had sex with Appellant; A.M. seemed happy. Id. at 76-77.

¶ 6 Appellant's mother testified that, approximately three months after A.M.'s family moved next door, A.M.'s mother approached her and told her to tell Appellant that "she don't [sic] want her daughter with my son." Id. at 80. A.M.'s mother did not mention A.M.'s age during this conversation. Id. at 81. Appellant's mother indicated that A.M. used to visit D.C., and A.M. told Appellant's mother she was fourteen years old. Id. at 82. After A.M. and Appellant had sex, Appellant's mother discovered that A.M. was not fourteen years old. Id. at 83.

¶ 7 The trial court directed the parties to file briefs as to whether Appellant could properly raise a mistake of age defense, and both parties complied. By Order entered on April 10, 2007, the trial court concluded the following:

[T]he mistake of age defense raised by the juvenile in this matter is not relevant under the particular facts of this case and will not be considered by the Court.
*1177 It is further ORDERED that based upon the evidence presented at the hearing in this matter, the Court finds beyond a reasonable doubt that [Appellant], a juvenile, has committed the acts described in the juvenile petition which, if he were an adult, would constitute the offense of statutory sexual assault.

¶ 8 By order entered on May 7, 2007, the trial court removed Appellant from his home and committed him to the detention program at the Alternative Rehabilitation Communities in Harrisburg, Pennsylvania. This timely appeal followed, and by order entered on June 7, 2007, the trial court directed Appellant to file a Pa.R.A.P. 1925(b) statement. Appellant filed a timely Pa.R.A.P.1925(b) statement on June 20, 2007, and the trial court filed a Pa.R.A.P. 1925(a) opinion.

¶ 9 Appellant contends the evidence was insufficient to sustain Appellant's conviction since Appellant reasonably believed A.M. was fourteen years old at the time of the sexual encounter. In the alternative, Appellant contends he established a mistake of age defense, and the trial court erred in ruling otherwise.

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Cite This Page — Counsel Stack

Bluebook (online)
951 A.2d 1174, 2008 WL 2426825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-awc-pasuperct-2008.