In Re Richard A.

946 A.2d 204, 37 A.L.R. 6th 721, 2008 R.I. LEXIS 54, 2008 WL 1901684
CourtSupreme Court of Rhode Island
DecidedMay 1, 2008
Docket2005-61-Appeal, 2005-284-Appeal
StatusPublished
Cited by19 cases

This text of 946 A.2d 204 (In Re Richard A.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Richard A., 946 A.2d 204, 37 A.L.R. 6th 721, 2008 R.I. LEXIS 54, 2008 WL 1901684 (R.I. 2008).

Opinion

OPINION

Chief Justice WILLIAMS, for the Court.

The respondent, Richard A. (Richard or respondent), a juvenile, appeals from an adjudication that he was delinquent for committing second-degree child molestation sexual assault on his nine-year-old cousin. Before the trial justice ordered the respondent to register as a sex offender as a result of the adjudication, the respondent objected to the constitutionality of this requirement because of his juvenile status. After the trial justice rejected the respondent’s argument and ruled that the Sexual Offender Registration and Community Notification Act, G.L.1956 chapter 37.1 of title 11 (the Registration Act) was constitutional, the respondent timely appealed. These appeals were consolidated and were presented collectively to this Court.

I

Facts and Travel

On September 19, 2003, Rhode Island State Police Officer Douglas Waters was on duty at the Rhode Island State Police barracks in Lincoln when a woman and her daughter arrived. Sandra Carneiro and her nine-year-old daughter, Jennifer, 1 filed a complaint against respondent, Jennifer’s fifteen-year-old cousin, Richard, alleging sexual assault. The facts underlying this allegation are as follows.

In the summer of 2003, Jennifer was visiting her paternal grandmother’s home for a family gathering. The respondent was among those present at the get-together. Later that night, Jennifer, respondent, and another juvenile cousin, Junior, went into Jennifer’s grandmother’s spare room. Junior turned off the light in the spare room and suggested the threesome watch the red blinking of the fire alarm light “like a movie.” They lay on the floor together, with Jennifer in the middle of the two boys. At this point respondent was lying approximately two to three inches away from Jennifer.

After a couple of minutes of lying together in the darkness, respondent put his hand down Jennifer’s pants. Jennifer, who was ten years old at the time of trial, testified that respondent’s hand “just moved around” inside her “private” for approximately ten seconds. She testified that his hand was on the inside of her underwear and that she knew his hand was inside her “pee pee” because she could feel him. She also told the prosecutor that it hurt. Jennifer testified that while still lying on the floor together, respondent put his hands “in my butt” for approximately five seconds, and that this hurt, as well. Jennifer asked him to stop, but respondent refused.

The respondent then took Jennifer’s hand and put it down his pants and inside his underwear. The respondent held her hand and tried to move it. Jennifer testified that she felt his “private” and it was “kind of hard.” Jennifer also explained that during this episode respondent touched her breasts under her shirt.

*207 During this incident, respondent whispered to Jennifer that she could not tell Junior, or anyone else, what he did. The touching finally stopped when Junior left the spare room to go to the bathroom and respondent followed him. After Junior left the room, but just before respondent left, respondent whispered to Jennifer “Don’t tell anybody.”

Although it is the touching that occurred on a summer night in 2003 that led to the filing of the complaint against respondent in September 2003, that was not the only time respondent had touched Jennifer in a sexual manner. Before that, while Jennifer was staying with her father at his home, respondent had approached Jennifer in her bedroom. 2 He told Jennifer to get on the floor; although she initially refused, respondent insisted and she eventually complied with his demands. While Jennifer lay on the floor and respondent lay alongside her, he put his hand down her pants and underneath her underwear. Jennifer testified that he put his hand inside her “pee pee.” He also touched her butt and then squeezed her breasts underneath her shirt. As Jennifer tried to get up, respondent grabbed her arm to “make [her] go back down.” Before leaving her room, respondent repeatedly told Jennifer not to tell anyone. When Jennifer told him that she would tell someone if he touched her again, respondent replied, “No, you’re not, because then you’ll get in trouble.” The respondent then left Jennifer’s bedroom to watch football downstairs with her father.

Jennifer also recounted a third incident that occurred when she was approximately six years old. Although she did not remember many of the details, she did testify that respondent touched her in a similar manner when she was in her bedroom at her father’s house.

On October 31, 2003, the Rhode Island State Police filed two delinquency petitions in the Family Court. The first petition alleged that respondent committed first-degree child molestation sexual assault on his nine-year-old cousin Jennifer, in violation of G.L.1956 § 11-37-8.1. 3 The second petition alleged second-degree child molestation sexual assault on Jennifer, in violation of § 11-37-8.3. 4 That same day, the Family Court issued a no-contact order, restraining respondent from having any contact with Jennifer.

During the trial on these charges, Jennifer testified about all three incidents involving respondent’s alleged sexual contact with her. On cross-examination, respondent questioned Jennifer repeatedly about the details of the three incidents, seeking to draw out inconsistencies between Jennifer’s testimony during the trial and the previous statements she had made to a representative at the Child Advocacy Center. The following are some of the inconsistencies elicited at trial: (1) Jennifer’s age at the time of the chronologically first instance of sexual contact with respondent; (2) whether Jennifer was cleaning her room or watching television when the second instance of sexual contact occurred; (3) whether Jennifer was underneath a blanket during the incident in her grand *208 mother’s spare room; (4) whether respondent whispered to Jennifer not to let Junior know what was happening; and (5) the length of time of the incident in her grandmother’s spare room.

The respondent also questioned both Jennifer and her mother about the circumstances leading up to the moment when Jennifer told her mother about respondent’s sexual touching. The following facts were elicited at trial. During the first week of September 2003, Jennifer and her younger female cousin, Alex, were at their maternal grandmother’s house when their grandmother walked in on Alex with her pants down. Although Jennifer admitted to her mother that she and Alex were engaged in some type of sexual activity, she was reluctant to tell her mother where she had learned that type of sexual behavior because she “[didn’t] want to get anybody in trouble.” However, her mother continued to question Jennifer, insisting that she must have learned that behavior from someone. Four days later, Jennifer explained to her mother that she had learned that behavior from respondent and that she and Alex were “doing kind of what me and [respondent] were doing.”

At the close of the state’s case-in-chief, respondent moved to dismiss based on the purported legal insufficiency of the state’s evidence.

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Bluebook (online)
946 A.2d 204, 37 A.L.R. 6th 721, 2008 R.I. LEXIS 54, 2008 WL 1901684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richard-a-ri-2008.