Can a 9 year old be guilty of voyeurism, or would the other parties be guilty of exposure to a minor?

Asked over 1 year ago - Worcester, MA

Because a 9 year old cannot consent to sexual activity?

Attorney answers (6)

  1. Michael Alan Contant

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleague that a 9 year old cannot consent to sexual activity. However, a 9 year old can be charged with a crime. Anyone 7 or older can be charged. The juvenile court would have jurisdiction. The process is similar to adult court, in that your child would have the same rights as an adult. However, the penalties of convicted are different.

    More information would be helpful. But you should consult with an attorney who is experienced in handling juvenile delinquency matters.

    I hope this helps.

    Mike Contant
    Contant Law Offices, P.C.
    141 Tremont Street
    Boston, MA 02111
    (617) 227-8383

  2. Daniel DeMaria

    Contributor Level 14


    Lawyers agree

    Answered . I am sorry but we need more facts to answer your question. Perhaps you can re-post and tell us where your son was, what he saw, who was with him, and anything else that is relevant. You are right to a nine year old cannot consent to sexual activity, and you are also right that he wouldn't be found guilty of seeing sexual activity.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not take... more
  3. E. Alexandra Golden

    Contributor Level 19


    Lawyers agree

    Answered . Given the extremely private nature of this issue, I suggest that you not post any further details to this board and instead consult with a criminal defense attorney who practices in the local Juvenile Court.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  4. Benjamin Urbelis

    Contributor Level 11


    Lawyers agree

    Answered . This is not an issue of consent. A 9 year old can still be charged with a crime but I think you'd be hard pressed to find a prosecutor who would actually want to charge him with voyeurism. It sounds like more of an issue for counseling.

  5. Dominic L. Pang

    Contributor Level 17


    Lawyers agree

    Answered . A 9 year-old can be charged with a "juvenile delinquency". Technically, a 9 year-old cannot be found "guilty" of a juvenile delinquency as a juvenile can only be "adjudicated" a delinquent child. The fact that the other parties involved in the case may face criminal charges for exposing said 9 year-old to acts of a sexual nature does not preclude the 9 year-old from being charged with a juvenile delinquency, but in practice the district attorneys office would probably see the 9 year-old as a victim and not charge the 9 year-old with any crime, opting to charge the other parties instead.

    While there is really not enough information in your question to give a through answer, I would not suggest that you post any additional details in any online forum. You should speak to an attorney and avail yourself of the protection of attorney-client privilege.

    Best of luck,

    Dominic Pang (617-538-1127)

    Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice.... more
  6. Jonathan Neal Portner


    Contributor Level 14


    Lawyer agrees

    Answered . Explain please.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more

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