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

D lived across the street from M.N., a twelve-year-old girl. One night in October 1995, while D and M.N. were watching a television movie in M.N.'s house, D began kissing M.N. on the mouth. D then pulled M.N.'s legs out straight, pulled her shorts down, pulled his pants down, and got on top of her. He continued kissing her with his hands on her shoulders. M.N., who had never previously had intercourse, felt what she believed was D's penis in her vagina. D asked if it hurt, but did not stop when D said it hurt. Although she was not afraid of him, M.N. was not sure what D would have done if she had pushed him off of her. M.N.'s mother and boyfriend unexpectedly returned to the house. They saw d scramble up off M.N. but did not observe sexual contact. They ordered D out of the house. M.N. began crying and ran upstairs. She revealed to her mother what had occurred. The State alleged that D had committed statutory rape and, therefore, had engaged in a delinquent act. The family court adjudicated D a delinquent child. D appealed.

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