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  1. #1

    Unhappy Can a Minor Get Treatment Without Pressing Charges

    My question involves criminal law for the state of: Georgia. 7 years ago a 14 year old sibling sodomized his 7 year old sister. The sister did not tell an adult until now. The brother has committed no other offenses and expresses great remorse for "a moments insanity". It was not an "agravated" assualt. She was not physically harmed. I don't think any act committed against a seven year old could be called consentual, but we could say that he talked her into it. The sister would like to enter counseling, but does not want the brother to suffer legal repercussions. My question is, will a counselor be required to inform the police/press charges against the brother? How can both enter counseling without the brother being labled a "sex offender" and being incarcerated after all this time? Must they wait until she is 18? What can be done for both of them? Both would lile to speak to someone professionally, but are afraid.

  2. #2

    Default Re: Can a Minor Get Treatment Without Pressing Charges

    Quote Quoting worried friend
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    My question involves criminal law for the state of: Georgia. 7 years ago a 14 year old sibling sodomized his 7 year old sister. The sister did not tell an adult until now. The brother has committed no other offenses and expresses great remorse for "a moments insanity".
    No one can KNOW that no other offenses were committed. Minors who commit sexual assaults rarely START with sodomy. No professional (or district attorney for that matter) is going to believe that for a moment.

    It was not an "agravated" assualt. She was not physically harmed.
    Depends on how you define "harm". Think a jury will believe that a 7 year old didn't feel ANYTHING while being sodomized? Don't count on it. A DA doesn't need evidence of INJURY for there to be "harm".

    I don't think any act committed against a seven year old could be called consentual, but we could say that he talked her into it.
    Not consentual, legally.

    The sister would like to enter counseling, but does not want the brother to suffer legal repercussions.
    She can enter counseling and not disclose the identity of the perp. It's likely to come out in the wash however, eventually.

    My question is, will a counselor be required to inform the police/press charges against the brother?
    Given the time delay, unless the counselor feels that the brother constitutes a current and imminent threat to himself or someone else, no. If the victim chooses to pursue the matter with police, with or without the help of the therapist, or if any OTHER person were to disclose the crime to authorities, he could still face criminal charges. The statute of limitations on the crimes doesn't even START to run until the victim turns 18. But waiting to get her counseling is NOT recommended.


    How can both enter counseling without the brother being labled a "sex offender" and being incarcerated after all this time? Must they wait until she is 18? What can be done for both of them? Both would lile to speak to someone professionally, but are afraid.
    She needs counseling ASAP. In whatever capacity you're asking on behalf of these two, if you have to get the brother an attorney to make the victim willing to get counseling, than do it. Allowing the victim to feel that consequences for the perp are on HER shoulders is only FURTHER victimizing her for HIS decisions. This in an of itself is JUST as damaging as the original crime!!!! Odds are that unless the victim pursues it, the confidentiality of counseling would remain such for BOTH of them (again, unless the therapist has reason to believe he is a CURRENT threat at which point all bets, and the legal gloves, are off).

  3. #3
    Join Date
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    Default Re: Can a Minor Get Treatment Without Pressing Charges

    Quote Quoting worried friend
    View Post
    My question involves criminal law for the state of: Georgia. 7 years ago a 14 year old sibling sodomized his 7 year old sister. The sister did not tell an adult until now. The brother has committed no other offenses and expresses great remorse for "a moments insanity". It was not an "agravated" assualt. She was not physically harmed. I don't think any act committed against a seven year old could be called consentual, but we could say that he talked her into it. The sister would like to enter counseling, but does not want the brother to suffer legal repercussions. My question is, will a counselor be required to inform the police/press charges against the brother? How can both enter counseling without the brother being labled a "sex offender" and being incarcerated after all this time? Must they wait until she is 18? What can be done for both of them? Both would lile to speak to someone professionally, but are afraid.
    Who's "friend" are you?

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