The stereotype of a sex offender is a “dirty old man” who sexually harasses women or molests children, but in reality, sexual assault takes many forms. Many survivors of childhood sexual abuse were abused by someone younger than 18. If you ask sexual abuse survivors whose abusers were also minors at the time the abuse took place, they will tell you that the small age difference between themselves and their abusers did not make the abuse any less physically or emotionally traumatic. Many instances of sexual abuse go unreported, no matter the age of the abusers, especially when the victims are young. A recent report in the El Paso Times, though, has revealed 56 cases of rape or sexual assault committed by minors on Texas military bases since 2007.
Sexual Assault by Minors is a Complicated Legal Issue
In 2017, the Associated Press ran several news stories about sexual assaults perpetrated by minors. The original investigation centered on public schools, but later reports focused on military bases. The Associated Press reported that 600 incidents of sex-related crimes in which both the victim and the alleged perpetrator were under 18 took place on military bases in the United States between 2007 and 2017. This number include 10 incidents at Fort Bliss and 41 at Fort Hood.
Guy Volb, the director of Garrison Public Affairs at Fort Bliss said the base uses its many resources to prevent sexual abuse and to stop it when it is detected. It has school-based and community-based behavioral health services for children and youth, and all personnel who work with young people undergo ongoing training about how to recognize the warning signs of sexual abuse and how to report abuse to police and to Child Protective Services.
Meanwhile, prosecuting sexual assault when the defendant is also a minor is a complicated legal matter. Both in schools and on military bases, the Associated Press found that prosecutors often find themselves at a loss as to how to handle these cases, even when the abuser confesses to committing the assault.
What About Statutory Rape and Defendants Who are Minors?
The incidents the Associated Press reported were incidents of rape and sexual assault; they were not simply sexual relationships among minors. Not all sexual relationships among minors are illegal. The law generally regards the relationship as consensual if both parties are above the age of consent, and if they are close in age. “Romeo and Juliet” clauses even interpret the law such that it is possible for two teens to have a consensual sexual relationship if one is just above the age of legal adulthood and the other is just below it, such as between a 17-year-old and a 19-year-old.
Contact Madrid Law About Sexual Assault Cases
All defendants have rights, regardless of age. The legal issues are complicated regarding teens and sex-related crimes, but an experienced criminal defense attorney can help. Contact Madrid Law in Houston to discuss your case.
