In the Matter of K.C., 226 N.C. App. 452 (2013)

The court vacated the adjudication for sexual battery for insufficient evidence. At adjudication, a female classmate of the male juvenile testified that the juvenile “grabbed and squeezed her butt” in class when she went to shelve a book. The juvenile testified that he accidentally touched her butt when picking up a pencil but did not squeeze it. Because the juvenile admitted touching the girl’s buttocks, there was sufficient evidence of sexual contact. However, evidence that the juvenile had made a possibly sexually suggestive statement to her months before was not sufficient to prove sexual purpose, a necessary element, beyond a reasonable doubt. When children are involved, the purpose cannot be inferred from the act itself. There must be “evidence of the child’s maturity, intent, experience, or other factor indicating his purpose in acting.”