Allegations of sexual assault involving two minors are among the most sensitive and high-stakes cases handled in the juvenile justice system. These cases carry the potential for severe, life-altering consequences, including mandatory sex offender registration, and in some circumstances, transfer to adult court. If your child has been accused or is under investigation, you need an attorney who understands how to navigate both the legal complexities and the emotional weight of these cases. Attorney David A. Stein has extensive experience defending juveniles throughout Orange County and Southern California.
How These Cases Are Handled
When both the accused and the alleged victim are minors, the case is typically filed as a juvenile delinquency petition under Welfare and Institutions Code Section 602 rather than as an adult criminal complaint. Depending on the allegations, the underlying charges may reference adult criminal statutes such as:
- Penal Code Section 261 (rape)
- Penal Code Section 286, 287, or 289 (forcible sexual acts)
- Penal Code Section 288 (lewd or lascivious acts with a minor)
Even though the case proceeds in juvenile court, prosecutors and the court can still impose consequences that follow a young person for the rest of their life.
Potential Consequences
Depending on the age of the minor, the nature of the allegations, and any prior record, outcomes in these cases can include:
- Informal or formal probation
- Placement in a juvenile detention facility or commitment to the Division of Juvenile Justice
- Mandatory sex offender registration under Penal Code Section 290
- Sex offender treatment and counseling requirements
- In serious cases involving older juveniles, a fitness hearing under Welfare and Institutions Code Section 707 to determine whether the case should be transferred to adult criminal court
A transfer to adult court dramatically increases the potential consequences a young person faces and is one of the most important issues to address early in a case.
Defending Minor on Minor Allegations
These cases often turn on credibility, the reliability of a young accuser’s statements, and the specific facts surrounding the incident. Attorney David A. Stein will closely examine:
- The circumstances under which the allegation was made and how the investigation was conducted
- Whether statements taken from either minor were obtained properly
- Whether the evidence supports the specific charge alleged
- Whether age, developmental factors, or the relationship between the minors are relevant to the case
- Whether the case is a strong candidate for informal resolution, diversion, or a disposition that avoids registration requirements where possible
Because so much is at stake, families should seek experienced legal counsel immediately, before speaking with investigators or school officials.
Call the Law Offices of David A. Stein at (949) 528-8057 today for a free consultation.