May 8, 2019
[Copyrighted Material Omitted]
Below: Family Court of the State of Delaware, I.D. No.
appeal from the Family Court. REVERSED AND REMANDED
M. Walker, Esquire, Assistant Public Defender, Wilmington,
Delaware for Appellant, Joseph Baker, Jr.
Williams, Esquire, Deputy Attorney General, Dover, Delaware
for Appellee, State of Delaware.
VAUGHN, SEITZ, and TRAYNOR, Justices.
is an appeal from an order of the Family Court adjudging the
appellant, Joseph Baker, Jr., a minor child, delinquent
for having committed an act of Rape in the Second Degree.
Initially, Baker was charged with three counts of Rape in the
Second Degree. Count Two was voluntarily dismissed by the
State before trial. At trial, the Family Court judge found
Baker delinquent on Count One and acquitted him on Count
Three. On appeal, Baker argues that the judgment of
delinquency for the one count of Rape in the Second Degree
should be reversed because of evidentiary errors made by the
Family Court judge at trial. We agree that errors were made
and reversal is required.
alleged that the two counts of Rape in the Second Degree that
went to trial occurred in Kent County. The alleged victim in
both counts is Bakers younger sister, S.B. She was six years
of age at the time of the alleged offenses. Baker was
thirteen years of age at the time of the alleged offenses.
The acts of rape are alleged to have occurred in S.B.s home
when Baker was there for weekend visitations. They are
alleged to have occurred in Bakers bedroom.