In the Int. of: M.C.K., Appeal of: M.C.K.

CourtSuperior Court of Pennsylvania
DecidedFebruary 10, 2025
Docket450 WDA 2024
StatusUnpublished

This text of In the Int. of: M.C.K., Appeal of: M.C.K. (In the Int. of: M.C.K., Appeal of: M.C.K.) 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
In the Int. of: M.C.K., Appeal of: M.C.K., (Pa. Ct. App. 2025).

Opinion

J-A26026-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: M.C.K., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.C.K. : : : : : No. 450 WDA 2024

Appeal from the Dispositional Order Entered February 15, 2024 In the Court of Common Pleas of Warren County Criminal Division at No(s): CP-62-JV-0000094-2023

BEFORE: BOWES, J., BECK, J., and BENDER, P.J.E.

MEMORANDUM BY BECK, J.: FILED: February 10, 2025

M.C.K. appeals from the dispositional order entered by the Warren

County Court of Common Pleas (“juvenile court”) subjecting him to a five-year

period of intensive probation and outpatient treatment. We affirm.

E.S., who was then fourteen years old, began dating M.C.K., then

thirteen, on July 5, 2022. They started having sex around November of 2022.

At M.C.K.’s suggestion, the two later “tried … consensual non-consent,” which

E.S. described as “like pretend rape.” N.T., 11/21/2023, at 23. The two

created a safe word to be used if E.S. wanted M.C.K. to stop. Initially, M.C.K.

would stop when she used their safe word. Id. at 28. Eventually, M.C.K.

asked her to try anal sex, which she consented to the first time. Id. at 29.

However, she experienced pain and started crying, and M.C.K. stopped. Id.

at 30. She told him that she did not want to have anal sex again, but M.C.K. J-A26026-24

continued asking and they had anal sex “[s]omewhere between four and

eight” more times. Id. at 31. E.S. testified that she did not consent to any

instance after the first.

E.S. testified that, aside from the first time, the incidents all generally

happened the same way. Id. at 40. M.C.K. would pull her pants and

underwear down and begin inserting his penis into her anus. She would “ask[]

him to stop and repeat[] the safe word” that the two established. Id. at 41-

42. M.C.K. would not stop, tell her “to shut up,” id. at 42, and call her “his

sex doll[,] … a whore and a slut.” Id. at 44. At first, E.S. would try to leave

the bed, but M.C.K. would push her back down with his hands. Id. at 42.

“[T]owards the end[,] [she] started just giving up” and did not try to resist.

Id. at 43. She confirmed that she said the safe word on each occasion, and

each time he ignored the word and would continue. Id. at 60. She did not

tell anyone about the rapes until after they broke up on August 5, 2023, when

E.S. caught him cheating. Id. at 49.

E.S. eventually disclosed the acts and sat for a forensic interview with

the Children’s Advocacy Center. The Commonwealth thereafter filed a petition

alleging that M.C.K. was delinquent on November 3, 2023, citing thirty acts

that would be crimes if committed by an adult. The Warren County Juvenile

Probation Department (“Probation Department”) placed M.C.K. in shelter care

at the Keystone Adolescent Center that same day on their own initiative. The

-2- J-A26026-24

juvenile court held a detention hearing on November 6, 2023, and continued

the placement.

The juvenile court conducted an adjudication hearing on November 21,

2023, at which E.S. testified for the Commonwealth. The court determined

that the Commonwealth met its burden of proof for twenty-eight of the counts1

“based upon … four incidents of anal sexual assault by forcible compulsion.”

Id. at 241-42. Following postponements requested by both parties, the

juvenile court held the dispositional hearing on February 15, 2024, at the

conclusion of which M.C.K. was adjudicated delinquent. M.C.K. was placed on

intensive probation for a period of five years, along with court-ordered

outpatient sexual therapy. M.C.K. filed a notice of appeal and a concise

statement as ordered, raising twenty-two points of error. M.C.K. now presents

nine issues for our review:

(1) Whether the removal of M.C.K. from his home and continued pre-adjudicatory placement in shelter care violated the Juvenile Act and/or M.C.K.’s rights to due process.

(2) Whether the Commonwealth violated the Pennsylvania Rules of Juvenile Court Procedure and M.C.K.’s right to due process by withholding mandatory discovery materials from the defense.

(3) Whether the [juvenile] court abused its discretion in ruling on evidentiary matters related to electronic communications.

(4) Whether the [juvenile] court abused its discretion in citing the Rape Shield Law to disallow cross-examination of the purported victim regarding her past relationships.

____________________________________________

1 The Commonwealth conceded that the remaining two counts of strangulation

should be dismissed.

-3- J-A26026-24

(5) Whether the [juvenile] court erred and/or abused its discretion in its role as fact-finder by failing to weigh the credibility of the purported victim.

(6) Whether there was insufficient evidence to allow the [juvenile] court to find beyond a reasonable doubt that M.C.K. committed the alleged offenses, where the Commonwealth failed to prove beyond a reasonable doubt that M.C.K. committed any alleged act without the purported victim’s consent.

(7) Whether the [juvenile] court erred and/or abused its discretion in failing to weigh and consider M.C.K.’s mistake of fact regarding the purported victim’s consent.

(8) Whether there was insufficient evidence to allow the [juvenile] court to find beyond a reasonable doubt that M.C.K. committed any offense an element of which is forcible compulsion, where the Commonwealth failed to prove the element of forcible compulsion beyond a reasonable doubt.

(9) Whether the [juvenile] court abused its discretion in finding that M.C.K. committed the alleged offenses, where said findings were the result of manifest unreasonableness, partiality, and/or prejudice, as evidenced by the court’s statements regarding work on behalf of juveniles and the credibility of purported victims.

M.C.K.’s Brief at 3-4.2

Pre-disposition detention

M.C.K.’s first claim pertains to his detention beginning on November 3,

2023, the day the delinquency petition was filed. Id. at 9-14. A Probation

Department officer signed an order committing M.C.K. to a shelter. The court

held a hearing three days later and entered an order finding that probable

cause existed for the offenses, and that it would be contrary to M.C.K.’s

2 The argument section of M.C.K.’s brief is divided into eight parts. The ninth claim listed has been abandoned. In any event, it is duplicative of the fifth issue in its substance.

-4- J-A26026-24

welfare to allow him to remain at his residence. Juvenile Court Order,

11/6/2023 at 1. The order acknowledged that services were not offered to

prevent M.C.K.’s removal but determined that the nature of the offenses and

need to protect E.S. constituted an emergency.3 Id. The juvenile court held

review hearings as to the continued need for M.C.K.’s detention throughout

these proceedings until the disposition, concluding each time that M.C.K.

should remain in shelter.4 M.C.K. argues that the “[Probation Department]

and/or the court” failed “to consider less-restrictive pre-adjudicatory

alternatives than shelter care,” and that these failures “violated both the

express edicts of the Juvenile Act and M.C.K.’s right to due process.” M.C.K.’s

Brief at 13.

This issue is moot due to M.C.K.’s release. “The mootness doctrine

requires that an actual case or controversy exist ‘at all stages of review, not

merely at the time the complaint is filed.’” Int. of N.E.M., 311 A.3d 1088,

1094 (Pa.

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