Legal Question in Sexual Harassment in New York

11-year old boy in detention center in colorado

An 11 year-old boy has been in a detention center

for juveniles in Colorado, since August 30 after a

neighbor - in the city of Evergreen - saw him

helping his sister pee in their garden. He was

charged of a sexual harassment assault. As a

journalist for the Swiss daily Le Matin (the boy

has both the American and Swiss nationalities) I

am trying to find out under which status he was

charged ? What is the law there governing the type

of assault he is accused of ? What does the

American law say of such an assault ? I am working

under a tight deadline, please contact me via

e-mail or phone as soon as you can. Extra thanks,


Asked on 10/11/99, 11:37 am

1 Answer from Attorneys

Re: 11-year old boy in detention center in colorado

I don't think so ... sexual harassment assault? I've

never heard of such a thing in any state. I'm not a

lawyer in that state and don't know that state's laws,

but I doubt you have the facts right.

Assuming that he's been accused of sexual assault for

putting his hands where they don't belong, age 11 seems

mighty young for that 'crime' and a detention center seems

a mighty harsh (and fruitless) result. I find your facts

hard to believe and wonder whether there were a series of

other more egregious offices; perhaps this kid is a down-right

certifiable rapist in the making and his fingers were where they

shouldn't be in spite of a series of corrective measures taken

by his parents. But even then, I can't see an 11-year old being

kept in a detention center so long! I look forward to a report of

your interviews with anyone in the know who will talk to you about

this. There's probably a court-appointed psychologist or psychiatrist

("guardian ad litem") involved and you'd want to get that person's report

if you could, but you need the kid's lawyer's permission as a minimum.

Wow. I'm somewhat terrified to hear this because I have a son who could

easily be doing something similar some day but still be a curious innocent

wishing nobody any harm.

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Answered on 10/12/99, 1:57 am


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