When a child suffers sexual abuse, the usual suspect is someone significantly older. However, studies suggest that in at least one-third of child sexual abuse cases, other children are the perpetrators.
If you are a parent of a child accused of such actions, it is crucial to understand the potential consequences. Here is some important information that can help your family prepare.
What charges can minors face for sexual crimes?
Children who commit sex crimes against other children can face similar charges that adult offenders do. These include but are not limited to:
- Sexual abuse
- Sexual assault
- Indecent exposure
- Distribution or possession of child pornography
- Statutory rape
In West Virginia, courts consider several factors when evaluating charges for minors. One is the age of both the accused and the victim. Usually, courts treat smaller age gaps less severely than larger ones. For example, a 17-year-old who abuses a 12-year-old will likely face graver punishments than, say, when the victim is 16.
The nature and severity of the alleged abuse also play a central role. Generally, less severe acts will warrant fewer punishments. However, the court will also look into the accused minor’s history. Prior offenses or a history of inappropriate behavior may lead to more severe consequences.
What are the potential penalties?
Most cases of child-on-child sexual abuse fall under the juvenile justice system, which focuses on rehabilitation rather than punishment. The judge may order interventions like mandatory counseling, probation or community service.
For more serious cases, the judge may place the accused in a juvenile detention facility. The stay could range from short-term to several years, depending on the crime.
Minors who commit especially heinous acts may need to register as sex offenders, potentially even into adulthood. With severe crimes, the prosecutor may push for the minor to be tried as an adult. This usually applies to cases of first-degree sexual assault and abuse resulting in serious physical injury.
Children tried as adults tend to face harsher punishments, including prison.
What can you do for your child?
Whether the allegations against your child are true or not, it is important to seek legal counsel who will keep your child’s best interests at heart. An experienced criminal law attorney can help you navigate your situation, build a strong defense strategy and provide support at this trying time.
