In re B.M.B.

The opinion of the court was delivered by

Allegrucci, J.:

B.M.B., a 10-year-old boy, appeals from his adjudication of one count of rape. Appellant’s motion to transfer from the Court of Appeals to this court was granted.

*418On May 14, 1996, J. was 4 years old. That day, she had been outside playing when she came into the house upset and crying. J. said that a boy had tried to kiss her. Her parents had told her to scream “if anyone ever touched her in any way that she did not like.”

Later the same day, J. and her 7-year-old brother, C., were playing with B.M.B. in a load of sand that had been…