Boy, 6, Accused of Felony Sexual Assault for Playing 'Butt Doctor,'

[jimmy olsen]

This DA really makes your profession look good BB. 

http://www.ibtimes.com/articles/257452/20111128/boy-6-accused-sexual-assault-playing-butt.htm

By Laura Matthews | November 28, 2011 7:15 PM EST

The parents of a 6-year-old Grant County, Wis., boy who has been accused of first-degree sexual assault have been prevented from discussing the case.

The Dubuque Telegraph Herald has reported that Iowa County Judge Bill Dyke, who is handling the case, has issued a gag order because the parents had plans to speak with a Madison television station.

According to that report, the parents of the accused boy intended to discuss how the accusation has emotionally affected their child. However, Grant County District Attorney Lisa Riniker, who has been sued by the boy's parents, asked Dyke for a gag order regarding the case. The order was granted.

The allegation against the boy is that he sexually assaulting two 5-year-old children while playing a game of doctor last fall. The boy's parents have claimed that their son was selectively prosecuted, as one of the 5-year-olds was the daughter of a Grant County political figure.

The accused boy's parents are seeking $12 million in damages.

The circumstances surrounding the case are that the girl told her mother she was playing "butt doctor" with the boy, according to the Wisconsin State Journal. The third person playing the game was the girl's brother.

Their mother told investigators that she suspected the accused boy had put his finger in the girl's anus.

The accused boy, who is now 7 years old and has a developmental disability, previously had medical problems that required rectal examinations and is afraid of going to jail, the suit states.

The suit also claimed that Riniker went too far in prosecuting the 6 year old for first-degree sexual assault and that Riniker violated the boy's civil rights when she filed a juvenile court petition for protective services, claiming the doctor game was a sexual assault.

The boy's parents alleged that the investigation was biased and that retired Grant County Sheriff's Sgt. James Kopp "waged a relentless campaign to discredit and embarrass and humiliate [the] 6 year old."

The boy's parents have said they provided evidence showing their son didn't perform act out with other children and has gotten appropriate services.

The Milwaukee Journal Sentinel has reported that the girl's parents said they tried to privately work things out the accused boy's parents but that they weren't given that opportunity.

Riniker has also been accused of trying to coerce the boy's parents into signing a consent decree by implying she will seek to remove their children from their custody.

Christopher Cooper, an Illinois attorney representing the boy and his parents, told the media that his clients oppose any kind of consent agreement, as they believe it implies some guilt or the responsibility for a wrongful act that the accused boy couldn't understood.

[Malthus]

Is it even possible to bring a felony charge against a 6 year old?

[jimmy olsen]

Is it even possible to bring a felony charge against a 6 year old?

It is when the 5 year old he touched is the daughter of a local politician.

[DGuller]

If you want to play like an adult, you're going to be treated like one.

[Habbaku]

This is a really poorly-written article. 

By Laura Matthews | November 28, 2011 7:15 PM EST

The allegation against the boy is that he sexually assaulting two 5-year-old children

The boy's parents have said they provided evidence showing their son didn't perform act out with other children and has gotten appropriate services.

The Milwaukee Journal Sentinel has reported that the girl's parents said they tried to privately work things out the accused boy's parents but that they weren't given that opportunity.

as they believe it implies some guilt or the responsibility for a wrongful act that the accused boy couldn't understood.

[Eddie Teach]

Why edit copy if you don't expect anyone to actually read it?

[Josephus]

Why edit copy if you don't expect anyone to actually read it?

It may not be edited anyways. Sometimes copy goes up on the Internet before it gets copy edited. Either that or this particular paper has a shit writer and shit editors.

[Ideologue]

Is it even possible to bring a felony charge against a 6 year old?

It depends on the state.  As near as I can tell, SC goes by the common law rule that no child under 7 years of age (iirc) is capable of forming the requisite mens rea; there is no statutory authority that I found between when I got interested and when I got bored and realized no one was paying me to look it up.  We do have statutes determining when a juvenile can be bound over from family court to the court of general sessions though.

I think some do have statutes that go as low as 6 however.

[jimmy olsen]

7 still seems incredibly young.

[Barrister]

7 still seems incredibly young.

Indeed.  Rule here is 12.  I could go with as young as 10, but prosecuting a 6 year old seem pretty pointless.

[MadBurgerMaker]

butt doctor

[Valmy]

This is why you should never form close relationships with lawyers.  If that other kids parent had been something more noble like a drug dealer this would never have happened.

[Sheilbh]

Is it even possible to bring a felony charge against a 6 year old?

Not in the UK.

[Barrister]

This is why you should never form close relationships with lawyers.  If that other kids parent had been something more noble like a drug dealer this would never have happened.

[Valmy]