Molestation Charge questions

[flyhigh123]

My brother ( 8 yo) was recently molested by a 12 year old. There were three teachers who saw what happened, and the police is asking if we would want to press charges. Before we go ahead and do so, we have a few questions.

1. What will happen to the 12 yo?
2. Should we get an attorney?
3. We are still unsure of the extend of the molestation other than what the teachers witnessed that day.. and we don't want to make the matter worse by questioning my brother about prior experiences. What would be the best approach to go about this?
4. In terms of the law, should my brother go see a psychologist? and who is responsible for the expenses?


Thank you!

 

[Proserpina]

My brother ( 8 yo) was recently molested by a 12 year old. There were three teachers who saw what happened, and the police is asking if we would want to press charges. Before we go ahead and do so, we have a few questions.

1. What will happen to the 12 yo?
2. Should we get an attorney?
3. We are still unsure of the extend of the molestation other than what the teachers witnessed that day.. and we don't want to make the matter worse by questioning my brother about prior experiences. What would be the best approach to go about this?
4. In terms of the law, should my brother go see a psychologist? and who is responsible for the expenses?


Thank you!

1. No idea. Depends on the nature of the incident, and many other factors. Could be "nothing", could be a criminal conviction and juvenile incarceration, and literally everything in between.

2. That's entirely up to your parents.

3 & 4. Your parents should absolutely get some counseling for your brother. The expense would be their responsibility at this point.

 

[MichaCA]

At the VERY least, your parents should consult with an attorney about this. If it were me, I would consult with a counselor who specializes in sexual abuse about it too.

 

[CdwJava]

What state is this?

 

[flyhigh123]

It hapened in California. We are not too familiar with the judicial system. The police is asking if we want to press charges. If we do press barges, would it be a civil case?

Also, we were told mixed things regarding psych evaluation. Someone told us to wait until my brother is more mature, because the more we talk about it with him now, it might make the matters worse...

Thabks for all the help in advance!

 

[mistoffolees]

It hapened in California. We are not too familiar with the judicial system. The police is asking if we want to press charges. If we do press barges, would it be a civil case?

Also, we were told mixed things regarding psych evaluation. Someone told us to wait until my brother is more mature, because the more we talk about it with him now, it might make the matters worse...

Thabks for all the help in advance!

If you press charges through the police, it will be a criminal case.

I would strongly suggest that you meet with an attorney NOW. A brief consultation won't cost you much, but they can explain all your options and what they mean.

 

[CdwJava]

My brother ( 8 yo) was recently molested by a 12 year old. There were three teachers who saw what happened, and the police is asking if we would want to press charges. Before we go ahead and do so, we have a few questions.

1. What will happen to the 12 yo?

Depending on what the molestation actually was, maybe nothing. By default, per CA law the 12-year-old is not capable of forming the intent necessary to commit a crime, so criminal charges may not be applicable. However, the police and CPS may very well look into the backgrounds of all involved to see why this transpired.

What exactly happened?

2. Should we get an attorney?

Your parents can consider an attorney if they want to sue someone, but, that may or may not be an option.

3. We are still unsure of the extend of the molestation other than what the teachers witnessed that day.. and we don't want to make the matter worse by questioning my brother about prior experiences. What would be the best approach to go about this?

If there is to be any criminal or civil case, the child will need to be interviewed by experts. Hiding him will result in nothing.

4. In terms of the law, should my brother go see a psychologist? and who is responsible for the expenses?

Forget about the law, for his own health he should speak to a therapist experienced in molestation issues.

As a note, your parents do not have to press charges. If they asked, it was more likely to gauge the wishes of the parents and how much they wanted to pursue the matter criminally. if the parents are not going to make the victim available, the police are not likely to go through the expense of a forensic interview. If there is a thought that some serious crime occurred the police and CPS will look into it whether they want them to or not. Unless we are talking about some kind of forcible rape or other forced sexual act, chances are this is going to be seen as an issue for CPS.

 

[CdwJava]

It hapened in California. We are not too familiar with the judicial system. The police is asking if we want to press charges. If we do press barges, would it be a civil case?

Also, we were told mixed things regarding psych evaluation. Someone told us to wait until my brother is more mature, because the more we talk about it with him now, it might make the matters worse...

Thabks for all the help in advance!

The police and CPS will arrange for a SAIT interview (a forensic interview by a trained therapist or investigator), though it may go by another name where you are.

He should probably enter into therapy as soon as possible, but, likely after the forensic interview. Usually they will get these interviews done within a couple of weeks.

 

[stealth2]

Someone told us to wait until my brother is more mature, because the more we talk about it with him now, it might make the matters worse...!

Y'all would be wise to leave the talking to professionals. Your brother should be in some sort of counseling.