ABA Journal


Juvenile Justice

Boy prosecuted for sex crime at age 10 is subject of 9th Circuit appeal

on October 9, 2013


Instead of prosecution of a 10 yr old, why don't we try to figure out WHY he did those things. I know that this is not something my 10 yr old boy would do so something made him think that this was acceptable behavior. He needs help, not jail and not a life of being on a sex offender list.

By Say What? on 2013 10 09, 2:39 pm CDT

Are they serious? This boy has serious problems but his is still a boy himself. Instead of just counseling for him they need to look into his family life and enviroment. This type of behavior doesn't come from just anywhere! I think this is definitely overreaching and too much responsibility is falling on this boy.

By Confused on 2013 10 09, 2:52 pm CDT

An even bigger concern I have is how the government defines "sex acts." We're assuming adult sexual behavior but who knows if what he did is typical of children that age. Children do engage in sexual play. The American court system and the psychologically impaired social workers who staff child protection seem ignorantly unaware of the line between adult behavior and normal child exploration. The real trauma and danger will be if this child internalizes a view of himself as a sexual deviant.

Much of what the juvenile courts do is make children see themselves as bad, destroying their future by making them internalize that they have been judged by others as criminals. It's no wonder many who go through that system come out so traumatized and defiant of authority that they become dysfunctional. The whole juvenile court system is outrageous and this is a great example. The system should be there to help children gain a better self image, provide counseling and positive experiences where they can feel successful. Instead it's a room full of repressed totalitarian adults with no personal power in their own lives playing court with children as defendants.

By Santana on 2013 10 09, 4:58 pm CDT

The prosecutor should be prosecuted for being brain dead. And did the prosecutor miss the fact that the 5 and 7 year olds also engaged in sex acts with someone under 12? Charge them too!

By NoleLaw on 2013 10 09, 6:03 pm CDT

@ Nole Law, darn, you noticed what many of us missed! An equal protection issue if ever there was one--why should the 10 year old be found delinquent and register as a sex offender if the others did the same thing and are not similarly charged? Wonder if the others might be girls. Yet another equal protection issue.

By Santana on 2013 10 09, 10:01 pm CDT

Oops, I just noticed the others are also boys.

By Santana on 2013 10 09, 10:02 pm CDT

On an ARMY base!
Not again...(rolling eyes up toward the ceiling)

Moving on...

That's interesting NoleLaw, I always appreciate reverse judicial engineering. But really are we going to start locking up every child that...forgive the expression...but experiments in ways that some children have been doing for a very long time. I believe that he and the others need help, but it's probably the type of help that includes some serious parental guidance.

By concernedcitizen on 2013 10 09, 10:41 pm CDT

@7 - Well, I wasn't serious about prosecuting the 5 and 7 year olds, and think prosecuting a 10 year old as a sex-offender is absolutely inane. I was hoping that would be clear from my first sentence, but it's tough to get irony across on comment boards sometimes.

But now that you brought up the Army issue, maybe the kid was charged under Don't Ask Don't Tell, back when it was still in place...

By NoleLaw on 2013 10 10, 12:04 am CDT

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