Juvenile Behavior and Peer-to-Peer Sexual Assault

When are Teens Crossing the Line With Sex?

With society and the media pushing sexuality around every corner, from advertisements to commercials and television programming, it can be difficult as a teenager and pre-teen to understand and recognize where normal flirtatious behavior ends and sexual assault begins.

A very good rule of thumb and the main message that must be conveyed to all teens is learning that “No!,” Means No, and that saying “No”, is the best way to avoid further confrontations of any kind.

If you are more concerned with losing a friend than you are with protecting yourself from unwanted sexual attention, then you're not getting the right message.

That being said, there are some clear cut delineations that determine what age-appropriate sexual behavior looks and feels like, and what the courts and law enforcement consider a sexual assault.

Age appropriate sexual behavior for juveniles 8 to 12 year olds consists of:

• Occasional masturbation
• Show me yours/I'll show you mine with peers
• Kissing and flirting
• Genital or reproduction conversations with peers
• Dirty words or jokes with peer group*

Age appropriate sexual behavior for juveniles from ages 13 to 18 consists of:

• Sexually explicit conversations with peers
• Obscenities and jokes within the cultural norm
• Sexual innuendo and flirting
• Solitary masturbation
• Kissing, hugging, holding hands
• Foreplay with mutual informed consent and peer aged partner
• Sexual intercourse plus full range of sexual activity*

These behaviors become a cause for concern when they become in any way aggressive, or are one-sided, with the other party expressing discomfort or disinterest. Additionally, behaviors in children of these age groups that involves pornography, compulsive sexual behaviors, invasion of personal body space of peers, groping or unwanted fondling, sexually aggressive or explicit language or taunts and insults, sexual contact or aggression with those outside peer group or younger children, and any kind of forced sexual behavior.

If your teenager or pre-teen exhibits any of these behaviors, you need to seek professional counseling at once. It may not be that they themselves have been the ones assaulting others, they themselves may also be a victim of sexual abuse in some form if they are acting out in this way.

*Source for sexual behavior information at http://www.secasa.com.au/index.php/family/12/369/5


 ----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

The Constitution and Minor Children

The Constitution and Children

It may be surprising for many people to learn that, much in the same way that the criminal laws that apply to adults cannot be used against a minor child, the constitutional rights that protect adults, do not apply to children either. We need to ask ourselves if the rights that are inherent in every human being should be negated by the legal system based upon someone's age.

Are children not entitled to the same rights to free speech, freedom of religion, freedom from self-incrimination, right to counsel, and right to remain silent simply based upon their status as being underage? It seems that this might open a debate under age discrimination for many, yet, it is a widely confirmed belief upheld by our own court systems in countless cases, and for many years.

In one California case where the issue of banning violent video game sales to children under 18, the only member of the court with minor children themselves argued that there was a duty expected of the court to protect children from these things. One could safely argue, based upon the very same constitutional law protections that are being withheld from the children of the population, that the decision for whether or not a child should be exposed to certain content rests squarely in the hands of the parents of that child, not the State.

When schools are allowed to interrogate children based upon assumptions, albeit well-meaning though often severely misguided and damaging to the child in the long run, we have to ask ourselves if this is an overstepping of boundaries of any kind. We need to begin to take the responsibility for raising our children away from the government, and that means paying attention to our children, and keeping them safe, unless we want others to do so for us.

 ----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Criminal Defense Attorney offers legal updates on Due Process Violations in Rhode Island News

More bad news for RI on the ‘upholding our constitutional rights’ front, this time with regard to children and the Rhode Island truancy court administration. The American Civil Liberties Union has filed a class action lawsuit stating that the “state’s truancy court system is devoid of due process protections in violation of state and federal law.”

The nine teenagers listed as plaintiffs in the case all have varying degrees of chronic medical conditions, family care taking issues, and special education needs that have prevented them from either attending class regularly, or completing homework assignments on time.

The ACLU feels that the truancy court’s efforts to push these students toward an already overly burdened juvenile and criminal justice system is not the way to help them graduate or avoid a criminal future.

The full article can be read here http://rawstory.com/rs/2010/0329/truancy-court-unconstitutionally-punishes-sick-disabled-children-aclu-lawsuit/

If your child is facing an uncertain situation in the juvenile or criminal justice system, you need to contact a knowledgeable RI criminal attorney immediately.

-----------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.