In the Matter of Juvenile Action No. JV-121430
Arizona Court of Appeals
172 Ariz. 604, 838 P.2d 1365 (1992)
- Written by Deanna Curl, JD
Facts
A 13-year-old boy (the juvenile) (defendant) was charged with child molestation after he inserted his fingers into the vagina of a three-year-old girl who was visiting his home. As a result of the incident, a medical examination later found the three-year-old child’s hymen was torn and her vagina was severely bruised and bleeding. At the adjudication for the juvenile, a psychologist testified as an expert witness that the juvenile’s actions, although not appropriate, were not clinically abnormal or an act of sexual deviance because a 13-year-old’s sexuality has not yet solidified. Additionally, the psychologist testified that the act was not outside the scope of exploratory sexual behavior for adolescents. The juvenile court judge found that the juvenile’s actions constituted the offense of molestation and adjudicated the juvenile a delinquent. The juvenile then appealed the judge’s adjudication.
Rule of Law
Issue
Holding and Reasoning (Jacobson, J.)
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