TX - Girl 10, could be charged as sex offender, Houston, April 2014

[blue22]

That's all they're claiming she did, Linda. She's been accused, while playing with a group of children outside in an apartment complex court yard of touching a 4 year old boy in the genital area.

Sometimes it's temping to say that CAN'T possibly be all that this is about, there must be more to make this story make sense.

Perhaps the "more" is that apparently this case didn't go forward.

http://www.myfoxhouston.com/story/23224803/2013/08/21/10-year-old-charged-with-sexual-assauot

"They" weren't there, so they don't know what she did. In addition "touching in the private area" are THEIR words. The charges suggest they are minimizing what happened, by just calling it touching.

The whole article is what they say happened. Let's keep that in mind. Now, I'm not asking for this girl to be thrown in jail or anything. Just consider the source, though

 

[JeannaT]

The statement is, "Ashley was accused of touching the child in his private area."

I suspect the news reporter and Quannel X are not simply taking the mother's word for what she is being accused of, but rather, they've read the accusing document.

But of course, I could be wrong.

 

[blue22]

The statement is, "Ashley was accused of touching the child in his private area."

I suspect the news reporter and Quannel X are not simply taking the mother's word for what she is being accused of, but rather, they've read the accusing document.

But of course, I could be wrong.

I don't see how they could charge her with aggravated sexual assault, if she only touches him. How was a warrant signed off for such a serious act, if she was just touching him while she was playing?

I think there is a lot more to it, and I think the family knows that.

Since she is a juvenile, the police simply can't come out and say that she penetrated him, or what she did. They can only speak in general terms. If the police in fact said "inappropriate touching," that means nothing. They can't say more than that to the press.

 

[tlcya]

thanks to all who have provided links in this thread. I am finding the comments beneath equally interesting.

Also just realized this story is from August 2013. Since I can find no updates on teh case I must assume either charges were dropped, lessened, or as I truly suspect, the accused child was molested herself and that came to light which then was able to mitigate the situation.

I hope both kids are getting appropriate treatment if needed.

 

[blue22]

thanks to all who have provided links in this thread. I am finding the comments beneath equally interesting.

Also just realized this story is from August 2013. Since I can find no updates on teh case I must assume either charges were dropped, lessened, or as I truly suspect, the accused child was molested herself and that came to light which then was able to mitigate the situation.

I hope both kids are getting appropriate treatment if needed.

I'm sure that for a 10 year old an agreement was reached fairly quickly. I would be surprised if some sort of counseling was not required.

 

[JeannaT]

thanks to all who have provided links in this thread. I am finding the comments beneath equally interesting.

Also just realized this story is from August 2013. Since I can find no updates on teh case I must assume either charges were dropped, lessened, or as I truly suspect, the accused child was molested herself and that came to light which then was able to mitigate the situation.

I hope both kids are getting appropriate treatment if needed.

I wrote the author of the article to see if he knew of an update -

 

[JeannaT]

I don't see how they could charge her with aggravated sexual assault, if she only touches him. How was a warrant signed off for such a serious act, if she was just touching him while she was playing?

I think there is a lot more to it, and I think the family knows that.

Since she is a juvenile, the police simply can't come out and say that she penetrated him, or what she did. They can only speak in general terms. If the police in fact said "inappropriate touching," that means nothing. They can't say more than that to the press.

Upthread Linda posted a list of criteria for making sexual assault "aggravated" and one of them (only one is required) is that the victim is under 14 years old.

If this case is as written, this is a GROSS exaggeration of the letter of the law, in my opinion. Nobody who wrote those laws thinks two kids (a 9 and 4 year old) touching one another is aggravated sexual assault.

Or anyway, in places where law enforcement has a brain and a heart.

 

[blue22]

Upthread Linda posted a list of criteria for making sexual assault "aggravated" and one of them (only one is required) is that the victim is under 14 years old.

If this case is as written, this is a GROSS exaggeration of the letter of the law, in my opinion. Nobody who wrote those laws thinks two kids (a 9 and 4 year old) touching one another is aggravated sexual assault. It is NOT just being under 14.

Or anyway, in places where law enforcement has a brain and a heart.

But we don't know what actually happened, because the police can't comment.

And...it's aggravated on a child when there is penetration of the anus, vagina, or an oral act on either of those parts. Or, the perpetrator forces the child to do that. That is WAY different than a 9 and 4 year old just touching one another.

(B) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor;

ETA: I have a new phone and am really awful at linking. I don't even want to mess with it. This is all in the Texas penal code about aggravated sexual assault.

 

[Linda7NJ]

Upthread Linda posted a list of criteria for making sexual assault "aggravated" and one of them (only one is required) is that the victim is under 14 years old.



If this case is as written, this is a GROSS exaggeration of the letter of the law, in my opinion. Nobody who wrote those laws thinks two kids (a 9 and 4 year old) touching one another is aggravated sexual assault.



Or anyway, in places where law enforcement has a brain and a heart.

I'd bet my last dollar it involved threats, force or a weapon and it was more than touching.

I'm a little surprised her mother allowed her to be interviewed by police alone.
With a eyewitness and a confession...I'm thinking the girl confessed to whatever she was accused of doing.





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[blue22]

I'd bet my last dollar it involved threats, force or a weapon and it was more than touching.

I'm a little surprised her mother allowed her to be interviewed by police alone.
With a eyewitness and a confession...I'm thinking the girl confessed to whatever she was accused of doing.





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Flat out, the mom is lying IMO. I would bet money that she was in there alone (if she was,) because they had someone questioning her about if she had been molested. The mother can't be present for that. I don't think they ever had her alone interrogating her about what she did to the boy.

I mean, seriously? Black panthers? If she had a leg to stand on, she would get a lawyer and sue.

 

[Linda7NJ]

Flat out, the mom is lying IMO. I would bet money that she was in there alone (if she was,) because they had someone questioning her about if she had been molested. The mother can't be present for that. I don't think they ever had her alone interrogating her about what she did to the boy.

I mean, seriously? Black panthers? If she had a leg to stand on, she would get a lawyer and sue.

Wouldn't her mother have to waive rights and give permission ?

That's the way it works on my state.


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[mysteriew]

thanks to all who have provided links in this thread. I am finding the comments beneath equally interesting.

Also just realized this story is from August 2013. Since I can find no updates on teh case I must assume either charges were dropped, lessened, or as I truly suspect, the accused child was molested herself and that came to light which then was able to mitigate the situation.

I hope both kids are getting appropriate treatment if needed.

Sorry about the date on it. I just saw the headline link at the end of another article and thought it was interesting. I forgot to check the date.

 

[blue22]

Wouldn't her mother have to waive rights and give permission ?

That's the way it works on my state.


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Do you mean for interrogations, or for speaking with her about any abuse she suffered?

 

[Linda7NJ]

Do you mean for interrogations, or for speaking with her about any abuse she suffered?

Asking her what happened with the boy, that was the pretense they picked her up under. I think?

 

[blue22]

From what I know, if the police make a reasonable effort to contact parents and the parents don't come, they can question. (This is in regards to questioning them about a crime.) Now, as far as questioning them about abuse without a parent...I know that a few years ago, that was legal. BUT, I have no idea on current laws and practices.

 

[Linda7NJ]

From what I know, if the police make a reasonable effort to contact parents and the parents don't come, they can question. (This is in regards to questioning them about a crime.) Now, as far as questioning them about abuse without a parent...I know that a few years ago, that was legal. BUT, I have no idea on current laws and practices.

Child protective services can question about abuse she may have suffered without a parents permission here in New Jersey, don't know about law enforcement. Texas kinda does their own thing...IMO

 

[justthinkin]

Upthread Linda posted a list of criteria for making sexual assault "aggravated" and one of them (only one is required) is that the victim is under 14 years old.

If this case is as written, this is a GROSS exaggeration of the letter of the law, in my opinion. Nobody who wrote those laws thinks two kids (a 9 and 4 year old) touching one another is aggravated sexual assault.

Or anyway, in places where law enforcement has a brain and a heart.

Then you must not realize we have private lock down housing dorms in Texas for severely disturbed children from all across the country which have contained a 10 yr. old that raped a 4 mo. old baby, child murderers, etc.

Until the facts are known in this case, for all anyone knows the girl charged could be any of the following: budding psychopath, have been molested herself, slow minded and/or innocent.

IMO, doctor play is usually done by younger children and with same age or near same age children, maybe 1 to 3 years separation in age. A 10 year old with a 4 yr. old doesn't fit within the scope of doctor play to me.

 

[tlcya]

Sorry about the date on it. I just saw the headline link at the end of another article and thought it was interesting. I forgot to check the date.

No prob for me you have spurred a good conversation and a lot of curiousity to see how things turned out.

 

[blue22]

Child protective services can question about abuse she may have suffered without a parents permission here in New Jersey, don't know about law enforcement. Texas kinda does their own thing...IMO

Since she is so young, CPS could have been called by police. (I live in Texas, this action is not uncommon.)

 

[Linda7NJ]

Any update?


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