Minneapolis, MN asked in Criminal Law and Juvenile Law for Minnesota

Q: My 9 year old daughter has molested my 4 year old daughter on several occasions.

I called the PD the night, I caught this happening. They said because she is still 9(4 days before she turned 10) that they could not do anything but recommend therapy. I spoke to my eldest daughter and she described in details where she touched my 4 year old and why she did it. I recorded this conversation. She states several times "It felt good","I wanted to be near her body parts"," I kept doing it because I was getting away with it."

If the PD would take the time to listen to this recording, then I believe they would take it more seriously. I have been trying to get help for her for over years because of her aggression. She has been in psych wards 3 times and in partial hospitalization. Every time I have tried to get her help, I have had doors slammed in my face. Now she has been molesting her sister and I still can't get help!!!!!

She has shown no remorse or care for what he has done. She needs to be held accountable for her actions.

How can this happen?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Children under age ten cannot be prosecuted for crimes in juvenile court, due to a statute that deems them incompetent at that age. It is questionable whether prosecuting ten year old and requiring them to register as predatory offenders for a minimum of ten years up to life, really is going to help them. If you want the government to help supervise your children, then you can ask County Child Protective Services to open a case and get a County Social Worker involved.

The best response in my view, however, would be to get the child involved in therapy with a cognitive-behavioral psychologist who both works with children and human sexuality issues.

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