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.
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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.
Contant Law Offices, P.C.
141 Tremont Street
Boston, MA 02111
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
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 for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
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.
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. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.