In re D.B.Annotate this Case
D.B. appealed the Manchester Family Division's finding of delinquency based on misdemeanor sexual assault. D.B. was accused of inappropriately touching and subsequently threatening the female complainant while the two rode home on the school bus. On appeal, D.B. challenged the sufficiency of the evidence presented against him. Upon review, the Supreme Court found that the complainant’s direct testimony indicated that D.B. put his hand down her shirt and touched her breasts. She further stated that the he put his hand down her pants and “ran it” down to her ankle. This evidence failed to describe in what way the juvenile overcame her with the actual application of physical force. Nor did the surveillance video from the bus support the State’s position. Accordingly, the Court ruled that the State failed to present evidence sufficient to charge D.B. with misdemeanor sexual assault within the meaning of RSA 632-A:2, I(a). The Family Division's judgment was reversed and the case was remanded for further proceedings.