Is SOL relevant in this sexual assault case?

[Teveritt87]

If a minor (about 12 yrs old) sexually assaulted two other minors (about 6 yrs old) what is the minimal penalty if prosecuted? Also, if no action was taken (the victims didnt even tell anyone about it) and now 14 years later the 2 victims want justice, what can be done? (Fyi: now all 3 people involved are legal adults)

 

[mightymoose]

The age of the person who committed the offense is very significant. It does not matter that they are all adults now. While there may not be a statute of limitations for prosecution of such an offense, conducting an investigation and determining whether or not the 12 year old at the time of the incident was legally capable of committing a criminal act would be near impossible.
The law is extremely specific about the types of acts done and the intent of the person committing the acts. What one person believes is a serious sexual offense may only be a minor offense, and what another thinks is no big deal could be a felony.
I highly doubt anyone could ever get reliable testimony and evidence from the victims 14 years later, considering they were only six at the time.
Basically, what I am saying is that the two victims should not hope for any sort of closure through the legal system. As you describe it above, it just won't happen. Counseling is probably the best option.

 

[Teveritt87]

Thanks for your reply!
What if the 2 victims somehow got the perpetrator to admit via facebook inbox that the incident happened? Also does a personal apology soon after incident (14 yrs ago) hold any leeway at all with the court? I know it is a long shot but I figured I would ask.

 

[bluemann33]

the 2 victims could always go and talk to the DA where this happened at. He/she would be able to answer your questions and let you know if something can be done. Good luck.

 

[Teveritt87]

what is DA? It happened at the child's residence.

 

[army judge]

what is DA? It happened at the child's residence.

In Utah, the victims can SUE the alleged perpetrator for civil damages, decades later.



The DA, as in district attorney, prosecutor of crimes in the city and satte where the offense is alleged to have taken place.

Or, speak with the police.

If you're talking about Utah, here is the law on such crimes years after the alleged offense.



http://www.jrsa.org/pubs/forum/archives/Mar92.html


http://www.smith-lawfirm.com/sol_Utah.html

http://www.spottedeagle.com/7-13-03.htm


https://litigation-essentials.lexis...Rev.+145&key=6f3c99d9bed5e8594ee8972ef8ef407e

 

[mightymoose]

Personally, I believe you will have great difficulty trying to proceed with this because the perpetrator in this case was a minor as well. In fact, it would still fall under the jurisdiction of the juvenile court.
No, the Facebook comments wouldn't likely amount to much. The most important thing that would need to occur is to determine the criminal capacity of the juvenile perpetrator at the time of the incident... and that will be near impossible.

 

[bluemann33]

Would anything really happen to the perp? If he was 12 at the time then what kind of punishment if any would he face due to his age and laws at the time?

 

[mightymoose]

That is the problem.
I can't imagine any prosecutor moving forward with this. I doubt any amount of information could but this into motion simply because of the age of all parties involved.