Although a person is legally an adult at age 18, this particular age is meaningless as a consistent threshold in the criminal justice system. The pertinent ages involving child sexual assault cases are sometimes difficult to follow:
Younger than 18: Definition of a "child") (re: child pornography)
17 and older: Definition of an "adult" for purposes of prosecution in the adult criminal justice system
Younger than 17: Definition of a “child” (re: sexual assault of a child)
14 and older: Age at which a person can legally consent to sexual contact
Younger than 14: Age at which a person cannot legally consent; triggers aggravated sexual assault charges
Younger than 6: Age which triggers 25 year mandatory minimum sentence under aggravated sexual assault
Children who are accused of sexual assault are prosecuted in juvenile court if they are between the ages of 10 and 17. Upon the child’s 17th birthday, any offense is prosecuted in adult court.
Consider the following scenarios:
Consensual sexual contact between 13 & 14 year old: Aggravated Sexual Assault
Consensual sexual contact between two 13 year olds: Aggravated Sexual Assault
Consensual sexual contact between two 14 year olds: No crime
Simply put, under the law a 13 year old cannot engage in any sexual contact without putting his or her partner at risk of prosecution and registration as a sex offender.
Question: They don’t really prosecute these types of cases, do they?
Answer: Unfortunately, we’ve defended about a dozen. Typically the call to the police happens after a break up and one of the parents learns about the sexual contact. Because it is a crime, the police investigate, arrest, and recommend that charges be filed.
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