What is the name of your state (only U.S. law)? Ohio
I had this all typed out, but when I went to post, a message came up that said it couldn't be posted because of some security thing missing? So, here is my second attempt at this post.
I have a 12 year old grandson. His parents are divorced, and have shared parenting, a week on/week off arrangement. Both of his parents are engaged, living with their fiancé's, and the father's fiancé has a 9 year old son. Yesterday, the 9 year old said that the 12 year old had forced him to perform oral sex on him. Upon questioning of both boys (separately), both boys stated that the 9 year old had asked the 12 year old what oral sex was, and my grandson said "I'll show you." and had the 9 year old perform oral sex on him. According to both boys, this happened twice.
When my grandson was questioned further by his parents about why he had done this, he stated that his uncle (my son) had done the same thing to him when he was little. Grandson stated that he was "out of diapers, but not in kindergarten yet" when this allegedly took place, which would have put my son between 10-12 at the time. My daughter said to me today that she questions her son's statements, as there were several discrepancies in his story. My daughter also spoke with my son last night for about 3 hours. My son adamantly denies ever doing anything inappropriate to my grandson. My son told my daughter that he would do whatever it takes to get to the bottom of this.
My grandson had gone to counseling last year for several months. He was really acting out at school and at home, lying, bullying his little sister, not doing his school work, etc. We attributed his behavior to his parents' divorce, the fact that both of his parents had new love interests in their lives, and the fact that until about halfway through the year, his parents were in constant conflict about visitation, child support, custody, etc.
My daughter called grandson's counselor today and explained the situation to him. The counselor stated that he had to involve CPS. They have an appointment with CPS tomorrow afternoon and were told that it is possible that an officer will be there, and that grandson could possibly be charged. My daughter told me she did not mention to the counselor or to CPS my grandson's accusations towards my son. Her reasoning is that she wants someone more qualified than herself to question my grandson.
So, as a family, we have many questions. First of all, what is my grandson looking at from a legal standpoint? I know that age plays a big part in how these types of situations are handled. If the 9 year old's mother declines to press charges, is that enough to keep this out of court; or is it something that is decided by CPS and/or law enforcement? If charges are filed against my grandson, is this something that will label him as a sex offender for the rest of his life? I am clueless about those laws. Also, how will things be handled with the accusations against my son? In an incident that allegedly happened roughly 8 years ago, what is the process of investigating and proving or disproving what my grandson said my son did to him? This is just such a heartbreaking mess. I know that no one here can tell me what the outcome in all of this will be, but if we could get some idea of what the processes are, and what we are facing (legally) in both instances, we would greatly appreciate it.
I had this all typed out, but when I went to post, a message came up that said it couldn't be posted because of some security thing missing? So, here is my second attempt at this post.
I have a 12 year old grandson. His parents are divorced, and have shared parenting, a week on/week off arrangement. Both of his parents are engaged, living with their fiancé's, and the father's fiancé has a 9 year old son. Yesterday, the 9 year old said that the 12 year old had forced him to perform oral sex on him. Upon questioning of both boys (separately), both boys stated that the 9 year old had asked the 12 year old what oral sex was, and my grandson said "I'll show you." and had the 9 year old perform oral sex on him. According to both boys, this happened twice.
When my grandson was questioned further by his parents about why he had done this, he stated that his uncle (my son) had done the same thing to him when he was little. Grandson stated that he was "out of diapers, but not in kindergarten yet" when this allegedly took place, which would have put my son between 10-12 at the time. My daughter said to me today that she questions her son's statements, as there were several discrepancies in his story. My daughter also spoke with my son last night for about 3 hours. My son adamantly denies ever doing anything inappropriate to my grandson. My son told my daughter that he would do whatever it takes to get to the bottom of this.
My grandson had gone to counseling last year for several months. He was really acting out at school and at home, lying, bullying his little sister, not doing his school work, etc. We attributed his behavior to his parents' divorce, the fact that both of his parents had new love interests in their lives, and the fact that until about halfway through the year, his parents were in constant conflict about visitation, child support, custody, etc.
My daughter called grandson's counselor today and explained the situation to him. The counselor stated that he had to involve CPS. They have an appointment with CPS tomorrow afternoon and were told that it is possible that an officer will be there, and that grandson could possibly be charged. My daughter told me she did not mention to the counselor or to CPS my grandson's accusations towards my son. Her reasoning is that she wants someone more qualified than herself to question my grandson.
So, as a family, we have many questions. First of all, what is my grandson looking at from a legal standpoint? I know that age plays a big part in how these types of situations are handled. If the 9 year old's mother declines to press charges, is that enough to keep this out of court; or is it something that is decided by CPS and/or law enforcement? If charges are filed against my grandson, is this something that will label him as a sex offender for the rest of his life? I am clueless about those laws. Also, how will things be handled with the accusations against my son? In an incident that allegedly happened roughly 8 years ago, what is the process of investigating and proving or disproving what my grandson said my son did to him? This is just such a heartbreaking mess. I know that no one here can tell me what the outcome in all of this will be, but if we could get some idea of what the processes are, and what we are facing (legally) in both instances, we would greatly appreciate it.
