NY: A 7-Year-Old Was Accused of Rape. Is Arresting Him the Answer?

[news.yahoo.com – 6/3/21]

At the forested edge of the Canadian border this spring, state police arrested a person from the hamlet of Brasher Falls, New York, population about 1,000. He was charged with rape.

The pain of such crimes often tears small towns apart without rippling beyond their borders. But following the March 23 arrest, news of the arrest ricocheted far beyond the hamlet.

The resident charged with rape was a 7-year-old boy.

Little is known about the circumstances of the arrest, the specifics of the allegations or the case’s disposition. The records of cases involving children are kept private. But in New York, the arrest reignited a discussion about how the justice system deals with so-called young offenders.

Judges, juvenile justice experts and lawyers who have handled such cases from both sides of the courtroom say arrests traumatize children, ensnare them in the legal system and increase their chance of recidivism. Arresting children so young, they say, ignores the science of brain development and in an attempt to seek justice often achieves the opposite result.

“What we know now is that the science doesn’t support prosecution of second graders,” said Dawne Mitchell, who leads the Legal Aid Society’s juvenile rights practice. Citing cognitive science that shows such young children lack true awareness of the consequences of their actions, and that emphasizes the psychological trauma of being cuffed and prosecuted, Mitchell is one of a growing number of experts across the country urging states to raise their age minimums.

Read the full article

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

21 Comments
Inline Feedbacks
View all comments

I thought the law considered anyone under whatever age of consent set by the state was too damn stupid to decide if they want sex or not. So how is it possible that a 7 year old can be charged with rape?

Can’t these idiots (law enforcement, judiciary and lawmakers) create some better way to deal with such instances of highly inappropriate behavior?? 😡
Seriously, this only highlights that they’re a bunch of morons!!

(And yet, these idiot lawmakers all seem to have plenty of motivation to create new “regulatory” punishments for those previously convicted of a sexual offense… more restrictions, requirements, new deadlines, exclusions, prohibitions, etc.)

Wow a 7 year old how pathetic this is going way to far the sad part is the DOJ has designed the registry to keep sex offenders from being able to organize and publicly speak out
Even if let’s say a sex offender started gaining national fame and was touring the United States doing TV shows, organizing rallies and speaking out against the registry how long do you think before they get hit with the (RICO)
Racketeering Influenced and Organization Act.

Good luck 🤢

If we want to talk about brain development it should expand especially to sex crimes and should take into consideration those under about 23/24? (especially males) who commit them against a victim of a similar maturity level but a minor. I’m not saying it shouldn’t be illegal only that the registry consequences from this group is especially harsh when the perpetrator was mostly just seeking relationships with people they could best relate to. Eventually the maturity level for almost everyone is at least that of an 18 year old and and a re-offense becomes extremely unlikely as the attraction was not specifically one towards minors. My situation was like this. I was 19 but could at that age relate best to people 5-6 years younger – and I looked younger than my age too. I’m in my 40s now and by about 25 I found people under 18 annoyingly immature and could relate better to people more in the 25+ category. I can guarantee I would never re offend because of this.

Lord, have hell-bound mercy.

Please, I pray, let this only be a silly little stupid cry for media headline; that this was nothing more than just to attract cheap, petty, trivial public attention. I should hope no breathing decency would cause any criminal justice personnel to actually prosecute a 7-year-old over what is likely nonsense.

Last edited 3 years ago by AC

Really? A 7 yr old? The kid can’t get an erection yet, but somehow managed to sexually molest a classmate. At what point do we start arresting people for staring more than 10 seconds at a A&F ad.

The likely “offending” behavior is what is known as “sex play” or “sexual rehearsal” to behaviorists who have always regarded it to be fully within the realm of “normal.” This used to be something that reasonable and rational people understood to be the sort of thing not requiring the full-force of the carceral state to rectify. No longer. We’re not just fighting against laws, we’re fighting against warped and distorted minds. If anyone doubts the power of endless propaganda, look no further. The McMartin case was only the opening salvo in a vicious, extant campaign of terror.

REALY?!!
Prosecuting a 7 year old for a sex crime. What type of sex crime could this 7 year old have committed that would justify a rape charge – are you kidding me?

Hmmmm….. 7 years old? As I recall, my life’s focus was riding my bike, fishing, swimming, climbing trees, catching snakes and lizards, and wanting a BB gun. But hey, maybe that’s just me. 🤷🏻‍♂️

“Should a child that believes in Santa Claus, the Easter Bunny and the tooth fairy be making life-altering decisions?” J.H. Corpening, the Chief District Court judge of New Hanover County, asked… “.
Should someone who believes in an almighty, all-knowing universal being (i.e., “God”) be making life-altering decisions? Should he/she/they make life-altering laws that adversely and harshly impact others’ lives (creating SORs, for example)??
I don’t get it. 🤔🤷🏻‍♂️

I still can’t believe how stupid this country has become . How would a child know even how or when they are getting fare treatment/ constitutional trial . Heck even most adults don’t know . Bad way to start this poor little guys life ,

I call BS 7 years olds don’t need sex!!! They need and want love and understanding of life. Plus too play and run around. This a case of a evil witch women who is making this out to be a horrible thing. Maybe look at her for she may want sex with the little boy. And the boy told her NO! Think about it women are evil

This is insane! Unless this kid has been seriously sexually abused and sexually educated, he wouldn’t even know what sex is or means, let alone rape.

Next? A two-year-old arrested for public urination.