Sexual Assault: What Happens When The Assailant is a Child?

Children who sexually assault other children are treated differently from adults


Sexual assault is a difficult subject, regardless of who the perpetrator and victim are. BUt when the person assaulting someone else is a child, the situation becomes infinitely more complicated. It’s an uncomfortable subject, and many people don’t like to talk about it at all, let alone address it when the issue comes up. That’s the catch, though. When it’s your child assaulting others, it’s horrifying and embarrassing. Many parents in that situation feel paralyzed and don’t know what to do next, while the parents of victims struggle with rage, a sense of injustice that the perpetrators won’t “get what they deserve” because they’re just kids, and a fear that no one will believe them.


When the perpetrator is an adult, the solution is clear


When the perpetrator is an adult, no one questions what to do: call the cops, tell them what happened, and they’ll arrest the assailant and take them away. Problem solved. But what about when it’s a child molesting other children. What should be done, and how should it be handled? You can’t usually convict a child of a crime in the same way you do an adult, and send them to prison. But on the other hand, it can’t just be swept under the rug or ignored. So what happens next?


A current Michigan case is a perfect example of this dilemma  


Three boys, aged 11 to 13, from Battle Creek, Calhoun County, in Michigan, have been accused of sexually assaulting two younger boys. Police say the assaults happened in a garage, which later burned down in suspicious circumstances. The boys told police that the fire started accidently while they were smoking marijuana in the garage, but police suspect the boys of burning it down to destroy evidence. The victims, aged 6 and 8, told their mothers about the assaults on June 12, which was the day of the fire. Police suspect that there are more victims out there we don’t know about yet.


How does Michigan law handle child on child sexual abuse?


A “juvenile” refers to anyone under the age of 17 in the Michigan criminal justice system, and those minors are charged differently from adults. However there are certain juvenile crimes considered serious enough to warrant the automatic jurisdiction of the adult court, but only if committed by a juvenile between the ages of 14 and 17. Those cases are “waiver cases” because the juvenile division waives its jurisdiction over a juvenile and the adult courts then have jurisdiction. Interestingly, two of the crimes listed in this category are First Degree Criminal Sexual Conduct, and Arson of a Dwelling/Building, which just happen to be the two crimes there three boys are suspected of.


Defending children against sexual assault crimes is very tricky

A full third of sexual abuse is caused by people under the age of 18. At The Kronzek Firm, our skilled Michigan sex crime defense attorneys understand exactly what’s at stake in child on child sexual assault cases. We have decades of experience in successfully defending our client’s rights, and winning. With many years of combined courtroom experience with both juvenile and criminal defense, we have the knowledge, resources, and strategy you need in tough times like this. Call 866 766 5245 (866 7No Jail) today and talk to someone who can help. The right attorney is critical in these cases.