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Weird question, not sure where to post, please help.

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MrTiny

Junior Member
What is the name of your state (only U.S. law)? Texas
I have a friend and he is 21, his 22 year old female cousin, has recently been accusing him of molesting her when he was just 3 years old and she was 4, she claims it happened for 4 years while they were kids. She won't stop calling and continues to threaten to go to the police and press charges, she claims that the police are pressuring her into pressing charges against him because she has such a well drawn case against him, he also contacted the police and they mentioned something about nothing can be done, something about kids aren't in the right mental capacity to know until they are 9 years of age. She has been in 2 mental hospitals for attempted suicide, she is on many psychotic medications and only recently has she come off of them because she is pregnant. I just wanted to know, what she could do? What would happen to him if she was believed? Or anything at all about this. Please help.
 


CavemanLawyer

Senior Member
Where did this all alleged abuse take place? If it was in Texas than no crime was committed. You must be at least 10 years old at the time of the offense to be prosecuted as a juvenile and 17 years old to be prosecuted as an adult. Any younger than that and nothing can be done criminally, though CPS could have placed restrictions on the actor or removed either child from the home. Its a little late for that now.

Even if this occurred in another state I find it very hard to believe that any agency is putting pressure on her to press charges. I'm certain there is no State in this country that allows a person to be held criminally responsible for something they did when they were 3 or 4 years old. I suppose if it went on for four years and he was 7 or 8 when this was happening than there might be other states that classify such a person as a juvenile for criminal law purposes, but not Texas.

Small children have been playing, "I'll show you mine if you show me yours" for centuries. If they are that young, there is no criminal intent and no intent to sexually gratify oneself.
 
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ariastar

Member
Do you or your friends really think a three-year-old has the mental capacity to understand these actions? They are noticing differences between their bodies. It's normal for little kids to explore in ways that, as adults, we find sexual. To them it's exploratory.

If these two were fiddling around as very young kids, why is he the one automatically in the wrong? You'd think that, as the older of the two, she should have been able to say no. Little kids are famous for tattling if they don't like something, but she didn't do that.

No crime was committed. If little kids playing around and learning about bodies was a crime, damned near everyone would be a criminal. For heaven's sake, does this mean her parents are pedophiles for opening her legs to wipe her as a baby?

Your friend needs some serious therapy, not to take on the stress of trying to press charges on her younger cousin for games of "look what I've got" when they were too young for pre-school.
 

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