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In re D.K.W.12/27/1999
Appeal from the Iowa District Court for Tama County, Michael J. Newmeister, District Associate Judge.
Juvenile appeals the juvenile court finding and disposition adjudicating him delinquent for third-degree sexual abuse.
I. Background Facts and Proceedings.
In a delinquency petition filed April 28, 1998, the State alleged fifteen-year-old D.K.W. committed a delinquent act of sexual abuse in the third degree. This petition followed A.T.'s complaint accusing D.K.W. of assaulting and forcing her to submit to sexual intercourse.
The State's case included A.T.'s testimonial version of events occurring in a school library on March 3, 1998. According to A.T., she was alone in the library after school when D.K.W. approached her and began making sexual advances. When she rejected these advances, A.T. testified D.K.W. grabbed her and began choking her by placing his forearm around her neck. In the resulting struggle, A.T. claims she bit D.K.W. on the arm before he wrestled her to the floor, removed her clothing, and forced her to have sexual intercourse. A.T. also testified she suffered an abrasion on her back, her jeans were ripped, and her shirt was stained by D.K.W.'s semen.
A.T.'s friend, J.P., testified that she saw and talked to A.T. immediately after these events. A.T. told her she had "fucked" D.K.W. but didn't know whether she was raped or not. When A.T. told J.P. she had told D.K.W. no, they concluded A.T. had in fact been raped. J.P. also testified she saw a wet spot on A.T.'s shirt and described the abrasion on A.T.'s back.
On cross-examination both A.T. and J.P. were impeached with prior versions of their conversation indicating A.T. stated she wanted to have sex with D.K.W. but changed her mind and told him no. Both testified A.T. initially said the abrasion on her back happened when D.K.W. snapped her with a rubber band.
A.T. was also cross examined about prior sexual behavior with D.K.W. and others. A.T. acknowledged a prior consensual sex act with D.K.W. in the school library several years before this incident. She also acknowledged making prior unsubstantiated rape allegations against others who had groped and otherwise assaulted her.
The State's case also included testimony from police and school officials concerning their investigation of A.T.'s complaints. A police officer testified concerning D.K.W.'s initial statements and A.T.'s initial statements to him. A high school principal testified that ten days after the incident he observed a small bruise on D.K.W.'s arm located approximately where A.T. said she bit D.K.W. The principal also testified D.K.W. said he bruised his arm playing basketball.
D.K.W. initially denied any sexual activity with A.T. when confronted with A.T.'s allegations. He later conceded to having consensual intercourse with A.T.
At trial D.K.W. testified he was in the library serving an after school detention and initiated a conversation with A.T. about a test. According to D.K.W., A.T. "started saying stuff like, 'You want blue balls' and comments like that." He also claims A.T. said, "Come here. I want to show you something," and when he responded, A.T. began unbuttoning her shirt and grabbing his crotch. According to D.K.W., the two then undressed and A.T. sat on him, grabbed his penis, and placed it in her vagina. D.K.W. denied ejaculation because intercourse lasted less than thirty seconds and he was afraid they would be detected.
D.K.W. also testified he initially denied any sex acts with A.T. because his aunt was present when he was confronted with A.T.'s allegations and he was too embarrassed to admit sexual intercourse with
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