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IN RE E.H.

No. 05-FS-1549.

967 A.2d 1270 (2009)

In re E.H., Appellant.

District of Columbia Court of Appeals.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Shilpa S. Satoskar, Public Defender, with whom James Klein and Jaclyn S. Frankfurt, Public Defenders, were on the brief, for appellant.

Sidney R. Bixler, Assistant Attorney General, with whom Linda Singer, Attorney General of the District of Columbia at the time the brief was filed, Todd S. Kim, Solicitor General, and Rosalyn Calbert Groce, Deputy Solicitor General, were on the brief, for appellee.

Before RUIZ, GLICKMAN, and FISHER, Associate Judges.

RUIZ, Associate Judge:

Following a bench trial, appellant, E.H., was found to have committed first-degree child sexual abuse, in violation of D.C.Code § 22-3008 (2001) formerly D.C.Code § 22-4108 (1981). We conclude that there was insufficient evidence of anal penetration, a required element of the "sexual act" charged in this case, and reverse appellant's conviction.

I.

On weekends, M.B., the then-six-year-old complainant in this...

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