Victim of Molestation by Another Minor

My question involves juvenile law in the State of: we live in NY my son is 4 yrs old and 6 months, we recently found out that the 12 year neighbor who is "slow" has been molesting my son when he goes out to play. We live in a trailer park so our houses are right by each other (about 12 ft away) these acts happened out side, another neighbor caught him and called the police. we took our son to do a rape kit, when asked by the Doctor my four year old said the kid licked his but and put his pee pee in his butt. I am basicly be told my 4 year old has no rights. My family is devasted, my son does not understand and we are being told he will get away with this and be allowed to come home and do this again to another child or and worst my child will now be a prisoner in his own home, what are our right?

Call Child Protective Services.

Who was supervising the 4 year old when this happened? Is child protective services involved?

If you're asking if the 12 year old is going to get locked up, the answer is "unlikely". If criminal charges are brought, he may be ordered into counseling or similar, but sadly, that's about all that "the system" has set up for offenders this young.

Your child isn't a prisoner, but he WILL need to be supervised if out of the home. What is the status, if any, of any criminal case against the 12 year old now?

I agree, and if the 12 year old is mentally retarded (it's a legitimate term, not an insult/derogatory term) it's even less likely he'll be locked up.

Unfortunately most children who abuse other children are victims themselves. Hopefully, BOTH children will receive the counseling and help they need.

My boyfriend was watching him and no cps is not involved because we did not know the 12 yr old would come into our yard and take my 4 yr old to his yard and do this to him in broad day light. So my son is a prisoner in his own home, he has to live close by to his rapist? We cant ask for him to be institutionalize or for the trailer park to evict them? I could careless what happened to the 12 yr old in the pass, it does not give him the right to touch my son and ruin his life, can we sue his parent to pay to have our home moved to another lot? Anything to make this easier on us? We have to see him every day. Were is the justice and the rights for the victim?

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The police wont tell me much other then he admitted to it and it happened more then once and claomed he did it because he says we beat my son. They charged him with a level one felony

That's...so compassionate of you.

Please get your son into counseling. You cannot force the trailer park to evict anyone, nor can you force anything else on the 12 year old. You cannot sue his parents to have them pay for you to move.

And this 12 year old is being charged with a level 1 felony? That's quite unusual.

I suggest you speak with an attorney, the DA, and victim's services.

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Tell us again why CPS are not involved?

He raped my son and I should feel compassion? Were is the compassion for my son? Why would cps be involved? I did no abuse my son or my bf? So why would they be involved? So my son the victim who is autistic has no rights and has to live 12 feet fromhis rapist?

Understanding, if not compassion, because the child (remember he is a child) may not fully comprehend the situation due to his disability. Understanding that he too may be a victim who, because of abuse he suffered, does not have the proper understanding of such acts. Don't think anyone here isn't upset by what happened to your son, it was a terrible thing to go through.

No, your son does not have to live 12 feet away. You, as a concerned parent, could speak to management about moving to a different lot. It may require you, as a concerned parent, to pay some money. What price do you put on your child's safety/well-being?

Someone, somewhere, isn't being honest here.

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Quoting Dogmatique

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Someone, somewhere, isn't being honest here.

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I see what you did there. :glee: