Sexual Assault On Minors: Understanding Adult Perpetrators

Sexual assault is a form of sexual violence that includes child sexual abuse, groping, rape, and the torture of a person in a sexual manner. Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Child-on-child sexual abuse is also a form of child sexual abuse, in which a prepubescent child is sexually abused by one or more other children or adolescents, and in which no adult is directly involved. In the United States, the definition of sexual assault varies among individual states, but it generally occurs when there is a lack of consent from one of the individuals involved. Consent must be given between two adults who are not incapacitated, and consent may be withdrawn at any time during the sexual act. Minors can be charged with sexual abuse, and depending on the severity of the crime, they can be charged as adults.

Definitions of sexual assault

Sexual assault is a form of sexual violence that includes child sexual abuse, groping, rape, drug-facilitated sexual assault, and the torture of a person in a sexual manner. Generally, sexual assault is defined as unwanted sexual contact or a violation of consent according to standards of substantive equality or formal equality. It often occurs when someone touches any part of another person's body in a sexual way, even through clothes, without that person's consent.

Child sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. This can include physical force, threats, trickery, or emotional manipulation to elicit cooperation. It can also include non-coercive situations where the child does not understand the nature of the sexual act and simply goes along with it, not comprehending its implications. Child sexual abuse can have severe psychological consequences, including depression, post-traumatic stress disorder, anxiety, and propensity to re-victimization in adulthood.

In some jurisdictions, minors can be charged with sexual abuse and may face harsh penalties, including registration as a sex offender, time in juvenile detention, mandatory sex offender treatment, probation, and even incarceration in adult prison depending on the severity of the crime. Most known juvenile sex offenders are between the ages of 12 and 17, and studies suggest that minors comprise around 25.8% of all sex offenders known to the police.

Aggravated sexual assault of a child is a specific crime that occurs when an actor aged 18 or older commits sexual assault against a child under the age of 16, and at least one aggravating circumstance exists. These circumstances include causing serious bodily injury, being joined by others in physically restraining or assaulting the victim, committing the sexual act under circumstances that constitute kidnapping, or threatening to use a deadly weapon. The penalties for aggravated sexual assault of a child are severe, with imprisonment of at least 25 years and a maximum of life imprisonment, as well as potential fines of up to $50,000.

Child-on-child sexual abuse

Children who have been sexually abused by another child or their sibling may find speaking out about their abuse difficult for many reasons. They may not realise they are experiencing abuse because they live in an overtly sexualised environment with greater exposure to pornography, highly sexualised language, and sexualised behaviour from adults. Children who are alienated from their parents are at greater risk of sibling sexual abuse and may also be less able to disclose abuse to their parents. Similarly, children in foster and residential care arrangements may have had limited positive experiences of adult interactions and can, therefore, struggle to disclose abuse to adults. Children who have had very few positive interactions with their parents may rely on their sibling or a child who displays harmful sexual behaviours for comfort and may welcome the interaction or attention. This may cause confusion and prevent disclosure. Children are likely to have been subjected to silencing strategies that prevent them from being able to disclose abuse. For example, a child abusing another child may threaten social isolation or say the victim will be in trouble if adults find out.

Research estimates that over half of child sexual abuse offences in the United States are committed by perpetrators under the age of 18. However, child-on-child sexual abuse frequently goes unreported because it is not widely known about by the public and often occurs outside of adults' supervision. Even if known by adults, it is sometimes dismissed as harmless by those who do not understand the implications. In particular, inter-sibling abuse is under-reported relative to the reporting rates for parent–child sexual abuse, and disclosure of incest by the victim during childhood is rare. Studies suggest that at least one-third of child sexual abuse is perpetrated by other children and young people, often against a younger child.

Children who initiate or solicit overtly sexual acts with other children either have been sexually victimised beforehand (by an adult or another child) or they have been exposed to sexually explicit material. Research shows that about one-third to one-half of children with problematic sexual behaviours have no history of sexual abuse themselves. In many instances, the perpetrating child has been exposed to pornography or repeatedly witnessed sexual activity between adults at a very young age, and this can also be considered a form of child sexual abuse.

If your child can talk about abuse with you, they are less likely to suffer from depression later in life related to the abuse. Believe them when they talk to you or disclose to you. One of the most important things you can do is listen. Sexual abuse can be hard to discuss, but it’s important to address these issues and educate yourself. This will empower you to reduce the risk of your child being sexually abused and/or engaging in harmful sexual behaviour. If something has happened and you’re not sure what to do, report it so that the children involved can get the help they need.

Minors charged as adults

While minors can commonly fall victim to sexual abuse, they can also be implicated as perpetrators of such crimes. In most cases, sexual abuse cases involving minors are handled by juvenile courts, which focus more on rehabilitation and second chances. However, in certain circumstances, minors can be charged as adults for sexual abuse crimes.

The decision to charge a minor as an adult depends on the jurisdiction and the details of the crime. The severity of the crime, the minor's age, and their prior criminal history are crucial factors in determining whether they will be tried as an adult. For example, in California, if a minor 14 years or older sexually abuses a child under 14, they can face felony charges. If the minor has a prior criminal record or if force (a "rape" crime) was involved, the prosecutor has the discretion to file charges directly in an adult criminal court. Similarly, in Indiana, minors can be charged with any sexual crime an adult can be charged with, including sharing pornography with younger children and sexting.

In most states, minors who commit severe felonies, such as murder, rape, or armed robbery, can be tried as adults. In federal court, offenders aged 15 and above will likely be charged as adults for serious felonies. When a minor is charged as an adult, they face enhanced penalties, including prison time, fines, and mandatory registration as a sex offender.

It is important to note that minors charged with sexual abuse crimes should seek legal representation and mount an aggressive defense. Understanding the circumstances under which charges are brought, the potential criminal penalties, and the differences between juvenile and adult courts is crucial for minors and their loved ones.

While minors can be charged as adults in certain cases, it is important to recognize that children are often more receptive to rehabilitation and treatment. Studies show that minors have a lower recidivism rate and a lower sexual reoffense rate compared to adults. Therefore, it is essential to seek professional help early on to correct a minor's behavior and prevent further legal consequences.

Aggravated sexual assault of a child

Sexual assault is a form of sexual violence that includes child sexual abuse, groping, rape, drug-facilitated sexual assault, and the torture of the person in a sexual manner. Generally, sexual assault is defined as unwanted sexual contact or a violation of consent. Child sexual abuse occurs when an adult or older adolescent abuses a child for sexual stimulation. This abuse can lead to depression, post-traumatic stress disorder, anxiety, physical injury, and an increased risk of future interpersonal violence perpetration.

Child-on-child sexual abuse is a form of child sexual abuse in which a prepubescent child is sexually abused by one or more other children or adolescents, and no adult is directly involved. This can include physical force, threats, trickery, or emotional manipulation. It is differentiated from normative sexual play or anatomical curiosity and exploration because it is an overt and deliberate action directed at sexual stimulation. Research estimates that over half of child sexual abuse offenses in the United States are committed by perpetrators under the age of 18.

• The actor causes serious bodily injury to the victim or another person.
• The actor is joined or assisted by others in physically restraining, assaulting, or sexually assaulting the victim.
• The actor commits the sexual act under circumstances that constitute kidnapping.
• The actor has previously been convicted of certain offenses, including sexual assault, aggravated sexual assault, or aggravated sexual assault of a child.
• At the time of the sexual assault, the actor is armed with a deadly weapon and threatens to use it on the victim or another person.
• The actor threatens to cause imminent serious bodily injury, and the victim reasonably believes the actor can carry out the threat.
• The victim is subjected to repeated nonconsensual sexual acts as part of the actor's common scheme or plan.

The crime of aggravated sexual assault of a child carries severe penalties, including a prison sentence of at least 25 years, with a maximum term of life, and a fine of up to $50,000. The defendant is not eligible for probation, parole, or any other type of early release until the expiration of the 25-year term of imprisonment.

Psychological damage

Child sexual abuse can have a profound and lasting impact on a child's psychological well-being, affecting them throughout their adult life. The trauma experienced can distort their understanding of themselves and the world around them, creating feelings of mistrust, fear, and betrayal. This can lead to difficulties in forming and maintaining close relationships, both intimate and platonic, as survivors struggle with feelings of isolation and thoughts of suicide.

The impact of child sexual abuse on a child's psychological health can manifest in a range of emotions, including fear, sadness, anger, guilt, self-blame, and confusion. Survivors may also experience humiliation, self-consciousness, and a lack of ability to talk about what happened. These feelings can persist into adulthood, with many survivors experiencing anxiety, depression, low self-esteem, and mental health issues. The manipulative nature of grooming by offenders can cause ongoing thought distortions, self-identity issues, and relational harm.

The effects of child sexual abuse vary depending on the circumstances, the child's developmental stage, and the support received from adults. If a child is not believed or supported appropriately after disclosing abuse, it can lead to higher trauma levels and hinder their ability to recover. On the other hand, protective and supportive responses from adults can significantly aid the child's recovery process.

Children who have been sexually abused may exhibit emotional and behavioral reactions, such as engaging in traumatic play, acting out, increased stress, oppositional behavior, tantrums, or nightmares. As they grow older, they may turn to substance abuse, high-risk behaviors, or experience self-harm and suicidal ideation. Research has found that the use of force and the duration of abuse are associated with higher trauma symptom levels and an increased impact on the child's identity.

It is important to note that children who are abused by another child or a sibling may find it incredibly difficult to speak out due to their exposure to sexualized environments or alienation from their parents. The impact of such abuse can lead to difficulties in finding their place in the family and feeling insecure in relationships.

Frequently asked questions