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I have a sexual harassment question with 2 minors?

Pomona, CA |

I have a case of a "sexual harrasment" that happen 2years ago. My nephew was 11years old when this happen he is now 13 years old. He had happen to touch this little girl in a inapropiate way she was 7years old and this had happen in our house she is now 9. There hasn't been no sue in process,but he has to go to court, and has to go to a psychologist to get evaluated because due to hes age 4years in difference. i have no lawyer! Do you propose to get a lawyer or just do it ourselfs?

Attorney Answers 4

  1. If you cannot afford a lawyer, one might be appointed for your nephew if the consequences of the court process you are going through includes loss of his liberty (like a juvenile hall sentence). You should absolutely NOT try to handle this yourselves. There can be serious consequences that should not be left to someone untrained to provide the best defense possible.

    Keep in mind that the 7 year old does not have to sue until a couple of years after she reaches the age of 18. Therefore, civil consequences will not be resolved for many years.

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  2. I think that this is really a JUVENILE LAW or CRIMINAL DEFENSE LAW questions but as a former juvenile prosecutor (in Travis County, Austin, Texas) I would answer that with a resounding yes. Hire a lawyer to make sure your son has the protection and legal benefit of an attorney. Best Wishes, Kevin

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  3. I would definitely recommend finding an attorney right away. Talk to both a criminal defense attorney if criminal charges are pending and a civil attorney for the possible civil ramifications that can follow the criminal proceeding. Because they are both minors, the female victim has many years to file a lawsuit.

  4. This is not sexual harassment. This can be charged as child molestation, sexual battery or annoying or molesting a child. You absolutely need a criminal defense attorney to handle this matter because this case can be prosecuted in juvenile court as a felony and your nephew can be locked up in a juvenile facility or a group home, depending on how serious the touching was. The laws in this area are very complex so you should not try and handle this yourself.