Minor Molesting Another Minor

My question involves criminal law for the state of: Florida

I have a 12 year old daughter who recently went on vacation with her best friends family. During the vacation the family's 16 year old son inappropriately touched my daughter. I'm a little confused on the law here ... as I understand it, this is illegal even though they are both minors???

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Quoting hnhfl

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My question involves criminal law for the state of: Florida

I have a 12 year old daughter who recently went on vacation with her best friends family. During the vacation the family's 16 year old son inappropriately touched my daughter. I'm a little confused on the law here ... as I understand it, this is illegal even though they are both minors???

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Yes. Your child was molested. Have you reported this to the police?

We just found out about this today and we're currently discussing the details with our daughter, and the 16 yr. old's parents. If I'm correct than this would be a felony? We want cooler heads to prevail and still protect our daughter so that no mistakes are made.

If you look in your yellow pages (who has those anymore?) or online - I am certain you can find some sort of women's crisis hotline for victims of sexual crimes in your county. You may wish to call them anamously(sp?) and get their advice on how to proceed. Best of luck to both families and especially your daughter. That was very brave of her to tell you about what happened. I am proud of her.

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Quoting hnhfl

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We just found out about this today and we're currently discussing the details with our daughter, and the 16 yr. old's parents. If I'm correct than this would be a felony? We want cooler heads to prevail and still protect our daughter so that no mistakes are made.

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You should NOT be discussing this with either your daughter or the perpetrator. You should be at the police station so that PROFESSIONALS can find out what happened.

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If you look in your yellow pages (who has those anymore?) or online - I am certain you can find some sort of women's crisis hotline for victims of sexual crimes in your county. You may wish to call them anamously(sp?) and get their advice on how to proceed. Best of luck to both families and especially your daughter. That was very brave of her to tell you about what happened. I am proud of her.

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Thank you; that's a great suggestion! I will do that.

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Quoting Baystategirl

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You should NOT be discussing this with either your daughter or the perpetrator. You should be at the police station so that PROFESSIONALS can find out what happened.

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It is important that we get the details of what happened before we run out and get the cops involved. I know first hand the difficulties a victim goes through when involving the police, not to mention what this could potentially do to their son. I now know the series of events that took place (I'm not about to discuss them on here), and I do not think we will be calling the authorities. However, we are all sitting down with the boy and a professional tonight, and I would just like to explain to him just how much trouble he could get himself in (in other words I would still like to know exactly what the law is in FL in circumstances such as this so that he knows the seriousness of the situation). Can someone please help me clarify the law here?

Without specifics (and I'm not asking for them, since you prefer not to disclose) You should go to the Florida Statutes and start reading under crimes.

This thread seems to also fit the crime with the little info you did disclose.

http://www.expertlaw.com/forums/showthread.php?t=44687

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Quoting Happy Trails

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Without specifics (and I'm not asking for them, since you prefer not to disclose) You should go to the Florida Statutes and start reading under crimes.

This thread seems to also fit the crime with the little info you did disclose.

http://www.expertlaw.com/forums/showthread.php?t=44687

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Ah HA! Thank you so much! I have found it:

since this pretty much covers the act ... "forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation."

Then this would be the law ...

"(d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

I really and truly appreciate everyone's help. Thanks again!

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Quoting hnhfl

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It is important that we get the details of what happened before we run out and get the cops involved. I know first hand the difficulties a victim goes through when involving the police, not to mention what this could potentially do to their son.

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The problem is that you are not qualified to investigate such matters. Children are easily led, even unintentionally, and you are too close to the child to properly interrogate without undue influence. (And if it turns out that a crime was committed after all, the defense is going to have a wonderful time destroying your child's credibility - commonly saying things like "well mom talked to the child about this for months before reporting, who knows WHAT she put in the child's head"). Folks who ARE qualified to do such investigations have many years of psychology, child development, and victimization expertise. Yes, it IS a difficult process, and it can be even MORE traumitizing for a child to have someone without professional training trying to get answers out of them. Contact your local child advocacy organization and get THEM to provide a trained advocate to speak with your child. From there you can decide whether or not to go to police and pursue any criminal matter.

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Quoting hnhfl

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It is important that we get the details of what happened before we run out and get the cops involved. I know first hand the difficulties a victim goes through when involving the police, not to mention what this could potentially do to their son. I now know the series of events that took place (I'm not about to discuss them on here), and I do not think we will be calling the authorities. However, we are all sitting down with the boy and a professional tonight, and I would just like to explain to him just how much trouble he could get himself in (in other words I would still like to know exactly what the law is in FL in circumstances such as this so that he knows the seriousness of the situation). Can someone please help me clarify the law here?

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Per your follow post to this one, the child molester committed a 3rd degree FELONY against your 12 year old daughter. That you are concerned about the ramifications to the PERPETRATOR is really concerning. How many other friends of the PERPETRATORS sister have or will be molested by this CHILD MOLESTER??

Your daughter had the extreme courage to come to you with this...And you choose to not protect her by reporting this to the police. How sad for your daughter. And how sad for the future victims of this child molester.

It will be interesting to see what happens if the incident comes to the attention of authorities by some other avenue - and how THEY react to non-action (not to mention the extensive laundry list of predictable emotional trauma to the victim that will manifest itself over the rest of her life).

To the OP - before you decide to sweep this under the proverbial rug, go visit pandys.org - a board for victims of such acts - and anonymously see for yourself the THOUSANDS of people who have endured a lifetime of pain when the loving caregiver they reported to didn't stand up and fight for them. (Insert all sorts of problems from drugs, to depression, to self esteem issues, to promiscuity, to cutting, to sexual dysfunction, etc. etc. here.)

Thank you all for your help. I do believe that I mentioned in an earlier post that we were sitting down with a professional ... just not a cop. Because none of you know the incident that transpired, it is difficult for you understand the situation (and I do understand the concern ... and perhaps the title I gave this post doesn't help). But I do thank you so much for the advice and the well intentioned comments. I can assure you that everything is being taken care of just as it should be, and I am far more concerned with my daughter's well being than I am her friend's brother. I'm well educated in child education and psychology and work with children with EBD so to a certain extent I would even be considered a PROFESSIONAL (I just don't think that I should be considered the "professional" in situations involving immediate family members ... much like providing therapy to your own family). I ALWAYS have children's best interests in mind and would never let something malicious or damaging slip away without regard.

My very kind regards ... :) This is truly a very wonderful and valuable site!

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Quoting hnhfl

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Thank you all for your help. I do believe that I mentioned in an earlier post that we were sitting down with a professional ... just not a cop. Because none of you know the incident that transpired, it is difficult for you understand the situation (and I do understand the concern ... and perhaps the title I gave this post doesn't help). But I do thank you so much for the advice and the well intentioned comments. I can assure you that everything is being taken care of just as it should be, and I am far more concerned with my daughter's well being than I am her friend's brother. I'm well educated in child education and psychology and work with children with EBD so to a certain extent I would even be considered a PROFESSIONAL (I just don't think that I should be considered the "professional" in situations involving immediate family members ... much like providing therapy to your own family). I ALWAYS have children's best interests in mind and would never let something malicious or damaging slip away without regard.

My very kind regards ... :) This is truly a very wonderful and valuable site!

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??? Holding a professional license binds you legally. I was almost with you until you said you are well educated in child education and psychology meaning that you should know what to do. You are obligated to report this to the police! Let the police do their job to investigate what did or didn't happen. Your job here is only to be concerned with your daughter, not the "children's best interest" I hold a real license and I'm telling you that your wrong here and any professional you take your daughter to should tell you the same thing.
I'm not trying to be judgemental here, but there was clearly a crime committed with or without the detail as they are not needed. That crime should be reported and getting the perp out of trouble is not your problem. You are too close to the situation to take part in it and figure out what did or didn't happen and what time could be served. Let me ask you this...if my 12 yr old daughter came to you and said "I got to play with Jimmy's private parts, it's okay because I wanted to" would you get authorities involved or would you call the parents to work it out?

If you ask the folks on the board you will find that I am fairly liberal when it comes to these types of charges. Having been a victim myself (scoutmaster years ago and what happened to me paled in comparison to my friends raped in their tent).

I just want to note that a 16 year old knows better than to mess around with a 12 year old. High school vs. a 6th grader (or maybe Jr. High kid)! This is how it starts and if they get away with it then it could affect other kids.

Cooler heads will prevail and even if the mother is considering that pursuing this outside of court will result in her child getting paid counseling by the accused (or his parents), and the accused will get counseling to prevent this, it is important to note that Florida will accept both Civil cases and will agressively pursue criminal charges. What happens when this guy is 30 and the kid is 12, 14, 15, 16? ...and he could have been stopped at 16?

Handling things outside of court can result in all parties (but the child) getting what they need/want.
Hey, it made some kids parents $8MM when a certain 80's and 90's pop star was ACCUSED (not convicted) of touching the little boy and the parents settled. Granted, if my parents would have been able to settle with my Scoutmaster for $8mm then I might have been inclined to want to do it, too. ...but justice is best served cold and bitter. Imagine what the parents would have had for their child if this star was prosecuted and CONVICTED! Imagine the children that would have not had to go through this if this star was convicted the first time. This star, however, is innocent of his crimes under the eyes of the court so I guess I am really trouncing the good name of an innocent man.

Hey, I wouldn't call the cops either! Thats what bullets are for. ;)


Blue Eagle, supporter of the second amendment.

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Quoting hnhfl

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Thank you all for your help. I do believe that I mentioned in an earlier post that we were sitting down with a professional ... just not a cop. Because none of you know the incident that transpired, it is difficult for you understand the situation (and I do understand the concern ... and perhaps the title I gave this post doesn't help). But I do thank you so much for the advice and the well intentioned comments. I can assure you that everything is being taken care of just as it should be, and I am far more concerned with my daughter's well being than I am her friend's brother. I'm well educated in child education and psychology and work with children with EBD so to a certain extent I would even be considered a PROFESSIONAL (I just don't think that I should be considered the "professional" in situations involving immediate family members ... much like providing therapy to your own family). I ALWAYS have children's best interests in mind and would never let something malicious or damaging slip away without regard.

My very kind regards ... :) This is truly a very wonderful and valuable site!

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Perhaps you should remember that you are a mandated reporter. Even if the VICTIM is your own child. Per your own posting the MOLESTER committed a 3rd degree FELONY against your LITTLE GIRL. I can't see how not reporting this to the police will help your daughter or future victims.