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STATE FARM FIRE AND CAS. CO. v. DOE9/8/1997
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A: Over the past about three years, we have handled all the cases whether it was juvenile or adult offenders. It's been in the last year that the school resource officer handles juvenile offenders. Probably over the past ten years I have worked with juveniles, all of the
sexual abuse cases worked with juvenile offenders.
Q: Based on your experience with juveniles how would you characterize [John Doe I] with respect to whether there was any maliciousness in his actions?
A: I would characterize [John Doe I] as being more curious —
MR. ANDERSON: I need to introduce an objection here on the basis of speculation. Go ahead and finish. I am sorry.
THE WITNESS: — more curious than malicious, that it was a malicious intent. It is possible, too, that someone at this age develop into, that age child, being a sexual preference is what I see that could happen if he stays with that interest in the opposite sex of that age group.
MR. BISTLINE:
Q: But it wasn't your sense that that orientation had occurred yet?
A: Right.
(emphasis added.)
In reviewing the Appellant's opening brief, the argument is premised upon the idea that John Doe I did not intend harm. The argument is not that he unintentionally took her clothes off in a bathroom away from public view, touched her in the genital area and then told her a green monster would get her if she told anybody. The conduct was sexually motivated and was intentional. It is clear that he understood he should not do this in light of concealment and the threat to the girl. He may not have anticipated the full extent of the problems his conduct would cause the girl, but it is clear that he knew it was wrong and that adverse consequences would follow. This Court concludes that the record is subject to only one interpretation — that the conduct was not accidental as we have defined that term. As indicated, the record, read in its entirety, supports this conclusion.
The petition for rehearing is denied.
TROUT, C.J., JOHNSON and McDEVITT[fn*], JJ., and WOOD, J. Pro Tem., concur.
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