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IN INTEREST OF DOE

No. 16195.

918 P.2d 254 (1996)

81 Hawai`i 447

In the Interest of John DOE, Born on September 5, 1977, Minor-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended June 5, 1996.

Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, Honolulu, for defendant-appellant.

Doraine F. Meyer, Deputy Prosecuting Attorney, City and County of Honolulu, on the brief, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

WATANABE, Judge.

Minor-Appellant John Doe (Defendant) appeals from the April 24, 1992 judgment of the Family Court of the First Circuit, convicting him of second degree sexual assault of a mentally defective person.

We conclude that the family court erred when it (1) held that the State of Hawai`i (the State) did not have to prove beyond a reasonable doubt that Defendant knew that the complaining witness (Complaining Witness) was mentally defective; and (2...

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