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In re D.B.

Supreme Court of New Hampshire
53 A.3d 646 (2012)


Facts

During a school bus ride, D.B. (defendant) put his hand underneath the shirt and pants of a female student. The student told D.B. to stop, but he did not. After the incident, D.B. threatened to harm the student if she told anyone about his actions. A week later, the student reported the incident to a school guidance counselor. The State of New Hampshire (plaintiff) charged D.B. with misdemeanor sexual assault. The student wrote a statement describing the events and provided it to the police. In her statement, the student wrote that D.B. was rough when he reached underneath her clothes and touched her breasts. She further stated that D.B. put his hand down her pants, reaching to her ankle. A school bus surveillance video from the day of the incident showed D.B. and the student sitting together but did not show signs of a struggle or altercation. At the close of the evidence, the trial court denied D.B.’s motion to dismiss the sexual assault charge. D.B. was convicted, and he appealed the sexual assault delinquency finding.

Rule of Law

Issue

Holding and Reasoning (Conboy, J.)

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