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:

How dare you! Really? What is not being honest? He was caught red handed by other neighbors. And he is disabled but he is high functioning, and I work hard and love paycheck to paycheck, I have no money at all to movr because I used all y savings to get the place we are in now, we havent been a year. And there is absolutely no compassion for my child or my family example of this the last two disgusting comments. I hope you never go through what we are, because no one deserves to know how heart breaking it is.

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Quoting nfeidner

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My boyfriend was watching him

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But apparently wasn't watching when the 12 year old took him out of the yard, and during the time it took for the 12 year old to molest him. That's NOT a 5 minute lapse. That's long enough for a 4 year old to befall all sorts of problems, from a dog attack to roaming in front of a car. Hence my question about who was supposed to be supervising the child, and whether child protective services was involved.

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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.

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As noted, all sorts of things can happen to an unsupervised 4 year old in broad daylight - not all of which involve another person.

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So my son is a prisoner in his own home, he has to live close by to his rapist?

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He's not a prisoner. But he DOES need to be better supervised - molester next door or not. Does he HAVE to live next door? Absolutely not. But he and his family can't be forced to move, if that's what you're asking. COULD the management refuse to renew their lease? Absolutely. WILL they do so? No way to know, and no way to force them to do so.

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We cant ask for him to be institutionalize or for the trailer park to evict them?

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You can certainly ask. They are not required to comply.

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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?

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You can sue, but you won't win. The parents didn't do it, and unless the child has some documented history of such acts in the past, the parents could no more predict the events than you could.

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Anything to make this easier on us? We have to see him every day.

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You really need to be in contact with your local victim services office. You can find the office for your county here:

http://www.ovs.ny.gov/HelpforCrimeVi...eaProgram.aspx

They may be able to provide guidance on what assistance might be available to cover expenses such as medical expenses incurred, counseling (which your son NEEDS to be in), and whether or not any relocation assistance is available. However, realistically, they're not likely to pay to simply move you to another lot in the park which is walking distance for the perpetrator. To a completely different park, maybe.

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Were is the justice and the rights for the victim?

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As in all states, NY has statutory provisions for victim rights, and even has special rights concerning children. Almost ALL of these concern how and when the victim gets a voice in the criminal prosecution, how they get interviewed, how they give their testimony, the extent to which they are exposed to the perpetrator during the court proceedings, the ability to access crime victim compensation, the right to notification of proceedings, the right to submit a victim impact statement before sentencing (which you would be able to submit in behalf of your son), the right to request HIV testing in sex-related offenses, the right to rape kit testing free to the victim, and sex offender notification status if there's a conviction.

As you can see, the majority of victim rights come into play in two areas: in the prosecution of the offender (which is just getting started, and it's not a fast process), and in potential for crime victim compensation. The way to exercise both branches of rights is to contact a victim advocate in your local office.

Beg or borrow, don't steal, the money needed to re-locate if you are that concerned. If management is willing to allow you to move without any penalty, I don't see how expensive it can be move what I'm guessing is a mobile home to another lot. It can be done. Knock out any unnecessary expenses.

Even a high-functioning disabled person does not necessarily have the right frame of mind/reference to understand their actions. Victims of abuse often have a skewed view of sexual mores as a result of their abuse, especially children who never had a proper idea of those mores to begin. True, some do know what they are doing is wrong when they become predators themselves but even then it is can be an issue of emotional/psychological damage done by their abusers. Children are often not prosecuted for their crimes based on the fact that they are unable to properly distinguish right and wrong. That's perfectly normal children, not ones who are already disabled and possibly victims themselves.

I can asure you there was no time lapse, my child has aspergers and time is one of his "quirks" he knows the rules and will come to us if he does not see us in five minutes and as for us we have a time that goes off to tell us its been 5 minutes. There is no law about allowing your child to play in his or her own yard. We did not know th boys past and no one warned us, but when the cops came it was the first excuse his mother gave. And the 12 yr old was smart enough to wait for the checks and for the neighbors to be out of sight before doing anything. My child is receiving counseling, victims services is not helping us in any way. I make 9.43 an hour and support 4 people unless I rob a bank I have to wait until tax time for extra money.