Monday, December 5, 2011

Overzealous Prosecutor

A Wisconsin District Attorney has charged a six-year-old boy with felony first-degree sexual assault on a five-year-old girl.

The girl's mom found her daughter in the boy's yard "with her skirt and underpants around her ankles" and the boy touching her while playing "butt doctor." If convicted, the six-year-old will be listed as a sexual predator when he turns 18.

When challenged on the wisdom of prosecuting the little boy, Grant County District Attorney Lisa Riniker said, "The legislature could have put an age restriction in the statute if it wanted to. The legislature did no such thing."

His parents have sued the district attorney for violating the boy's constitutional rights. The complaint alleges that the girl's brother was also playing "doctor" with them, but he was not charged.

The parents' attorney told WISC-TV that, according to experts, "a 6-year-old child is unable to intellectually and emotionally associate sexual gratification with the act that D has been accused of committing."

So far, the case has not been thrown out of court. In fact, the district attorney has been granted a gag order to prevent the boy's parents from talking publicly about the case. And, the six-year-old has been served with a summons, ordering him to appear in court or go to jail.

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