In re C.N.
In re C.N., 2023 UT App 41 (Christiansen Forster, J.)
Criminal
C.N. was adjudicated to have raped Child after Child testified that C.N. forced
him to insert his penis into her buttocks. C.N. challenged the adjudication
arguing insufficient evidence established that “sexual intercourse,” which is not
defined in the rape of a child statute, occurred. See Utah Code Ann. § 76-5-
402.1(2)(a). The Court of Appeals agreed and reversed the juvenile court’s
adjudication, explaining:
- The State did not present sufficient evidence to prove beyond a reasonable doubt that C.N. raped Child because the term “sexual intercourse” as used in the rape of a child statute is limited to only vaginal sex.
- Practice Tip: When separate statutes proscribe similar (especially sexual) activities, ensure the elements of the charged crime(s) are met when seeking to set aside an adjudication or overturn a conviction.