July 01, 2008, 12:25
Gordon LeMaireSexual Assault of a Child
Facts: Twelve year old has a baby. Suspect denies child is his, but admits to having sex with girl. According to girl sex took place in a sitter's apartment. Sitter was aware of what was happening and may have encouraged it.
Can sitter be charged with any offense?
Also, is there a state agency, or has anyone worked, a case involving internet stalking or child predators?
Maybe sexual performance by a child....if sitter "induced" victim to have sex.
July 01, 2008, 14:31
Brooke RobbDepending on the level of the sitter's encouragement, she could be a party to the offense.
July 01, 2008, 17:31
Shannon EdmondsFamily Code Sec. 261.109, Failure to Report Abuse. But it's only a Class B misdemeanor.
July 01, 2008, 18:31
Gordon LeMaireThanks Shannon. I have the "sitter" on probation. Can you smell a motion? (I knew you could.)
July 02, 2008, 15:22
Robert S. DuBoiseIf the sitter has assumed responsibility for the safety of a child, there are several reported cases where the felony offense of Endangering a Child has been upheld where the child was subjected to sexual abuse.
July 02, 2008, 16:33
Gordon LeMaireThanks Robert. I was looking more at a party to the assault, but endangering works for me also.
Chances are really good that your facts will get you to agg sex with a kid, as a party. I've done that more than once.