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  1. #1
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    Feb 2012
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    Default 11 Year Old Charged with Aggravated Sexual Battery

    My question involves criminal law for the state of: Virginia

    My sister called me yesterday evening to tell me that my 11 year old nephew had been arrested and charged with Aggravated Sexual battery, a felony, and a misdemeanor charge that I can't recall right now.

    What happened was that in December 2011, before Christmas, there was an incident where my nephew kicked another boy "in the nuts" (testicles), that that this was recorded on cell phone video. The cell phone belonged to the boy being kicked. I don't know if this incident happened in school or someplace else - the boy lives on the same street as my nephew and my sister. Several weeks later the victims mother found the video on his cell phone. She became extremely upset by this, and called my sister and showed her the video.

    A couple of days ago my nephew came home from school and told my sister the police came to his school and interviewed him about the incident. My sister was not informed of this beforehand. Then the police contacted my sister. So as of now, my 11 year old nephew is charged with a very serious sexual felony, he is under house arrest with an ankle monitor. He is barred from attending school and he may only go outdoors to go to the lawyers office. My sister has hired an attorney.

    A CPS investigation has also been initiated on my sister and my mother (they live with Grandma).

    I am not about to claim that my nephew is some innocent angel but the extremely punitive actions taken by the Commonwealth's Attorney seem to be insane to me. This charge has a mandatory minimum sentence of a year in prison. The police have told my sister that since my nephew is only 11, if convicted he will not have to register as a sex offender, but I am skeptical of this claim. I have advised her that nobody is to say anything to any police officer without counsel present. I also told her that the attorney will need to file discovery on the video if the police have it.

    I don't think there's much of a chance of my nephew being convicted, I suspect the prosecution is looking for a plea deal here. But these are very serious charges and I imagine sister is going to spend quite a lot defending them, she is in the process of a divorce and does not have a lot of money now. Dad has already told her that he will not pay anything towards the attorney fees.

    Thanks in advance for any advice.

  2. #2
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    Sep 2005
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    Default Re: 11 Year Old Charged with Aggravated Sexual Battery

    Your nephew should be working with a lawyer.

    From what you have told us, this would not constitute the crime charged absent some evidence that the act was committed "with the intent to sexually molest, arouse, or gratify any person", whereas it appars that your nephew's goal was to inflict maximum pain and humiliation on his victim.
    Quote Quoting Virginia Code, 18.2-67.3. Aggravated sexual battery; penalty.
    A. An accused shall be guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and

    1. The complaining witness is less than 13 years of age, or

    2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or

    3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or

    4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and

    a. The complaining witness is at least 13 but less than 15 years of age, or

    b. The accused causes serious bodily or mental injury to the complaining witness, or

    c. The accused uses or threatens to use a dangerous weapon.
    B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.
    Quote Quoting Virginia Code, 18.2-67.10. General definitions.
    As used in this article:

    * * *

    6. "Sexual abuse" means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

    a. The accused intentionally touches the complaining witness's intimate parts or material directly covering such intimate parts;

    b. The accused forces the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts;

    c. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts; or

    d. The accused forces another person to touch the complaining witness's intimate parts or material directly covering such intimate parts.

  3. #3
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    Feb 2012
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    Default Re: 11 Year Old Charged with Aggravated Sexual Battery

    Thanks very much for researching that Mr. Knowitall, I will pass that along.

  4. #4
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    Feb 2012
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    Default Re: 11 Year Old Charged with Aggravated Sexual Battery

    The petition arrived at my sisters house yesterday. Also, I have some details incorrect.

    I was incorrect when I said he was barred from school, this is not true - he is allowed to attend school.

    Also there is more that happened than I knew about. The incident did not happen at school it happened during a sleepover at the other boys house. We knew about the kicking incident on video but there is also video of my nephew grabbing the other childs pants and pulling them down. The complaint also states that at one point he grabbed the other boys crotch. I don't know if that is on video.

    This was while a few boys were having a sleepover at the victims house. The context of the incident was that the boys were "goofing around", so this is not about a fight at school or something similar. However my sister has told me that in the video my nephew is saying mean things to the other boy.

    My sister also told me that my nephews father watched the film "Jackass" with my nephew when my nephew spent the weekend at his fathers home. I have seen this film myself and there are several scenes where there are men grabbing each other, yanking down pants, and similar sophomoric humor. All harmless when it involves adults, and while I found the movie funny, I would never show it to an 11 year old child. I told her to make sure she tells the defense attorney about this.

    The whole thing is terribly upsetting and is causing a rift even in my home, between myself and my fiancee. We often do not see eye-to-eye on children. She is angry at my nephew and angry with me for playing "violent" video games with him (specifically, Street Fighter IV, which does involve violence and fighting but is fairly tame compared to other games out there).

  5. #5
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    Feb 2012
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    Default Re: 11 Year Old Charged with Aggravated Sexual Battery

    Sorry to hear about this for the second time again. I am going through the same thing with friends. Not sure how to help them. I am just there to encourage them to keep their heads up and things will work out for the best.

    I work with children and everyone has their own opinion on video games and movies. But my question to you and to my friends was where were the parents? Lack of supervision is part to blame too. Yes the child did something wrong but even with a sleepover (in your case) and children playing together (in our case) in someone else's home. What happen to the supervision?

    My prayers go out to both families as they struggle with this. My friends go to court next week to see if their child can attend school. The child was put a ankle monitor then put out of school. They are like most of us these days and can't afford home schooling or private school. If you have any suggestions, please pass them on. I want to help as much as I can.

    Thank you for starting this forum. I just didn't know how to approach this touchy subject, but I needed questions answered to help them out. Hope you and family can get through this as I do with my friends.

  6. #6
    Join Date
    Feb 2012
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    4

    Default Re: 11 Year Old Charged with Aggravated Sexual Battery

    I may as well post an update, this went to trial today and all charges were dropped. From a legal aspect it's over. Mr. Knowitall, you pretty much nailed it, the prosecution didn't have any way to prove that felony charge.

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