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A 12 year old boy is accused of touching a 3 year old. The 12 year says he did not do it. What are his rights?

Philadelphia, PA |
Filed under: Child abuse

the mother of the 12 year old was advised to not let cps talk to her chil

Attorney Answers 1


  1. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice to that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.

    I do not practice in Pennsylvania and it sounds as if 12 year old's mother has already discussed her son's case with a local attorney. Here is what I wrote when responding to a similar question from Maryland a few minutes ago:

    "You should follow that attorney's advice. The primary right your child has is the right to remain silent.

    "By following that advice though and not letting your son talk to the police or child protective services (CPS), it may incline them toward concluding that your son (sexually?) touched the 3 year old because of something that happened to him. They may attempt to conclude that he has been abused or is at risk of abuse and try to coerce you into putting him in treatment. Unfortunately, anything he says in such situations can be reported to CPS. The only place that a person in your son's situation can speak in confidence is with a lawyer hired to represent him.

    "It sounds as if your son needs a lawyer immediately."

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