This section contains the nature of the case and procedural background.

A (D) was a minor who with other minor boys raped a 12-year-old girl. One boy threatened the girl with violence unless she gave him oral sex. During this sex act D forced oral sex on the girl and also had sexual intercourse with her; the penetration lasted only a few seconds. D said nothing to the police and nothing during trial. The trial court found him guilty, and D appealed on the issue of doli incapax; whether the boy was incapacitated by his age and if that presumption had been overcome by the evidence before the court.

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