Ohio judges can dismiss sex charges against kids under 13, justices rule

The Ohio Supreme Court makes another good ruling.

http://www.dispatch.com/news/20171025/ohio-judges-can-dismiss-sex-charges-against-kids-under-13-justices-rule

Ohio judges can dismiss sex charges against kids under 13, justices rule

By Randy Ludlow
The Columbus Dispatch

Posted Oct 25, 2017 at 11:18 AM
Updated Oct 25, 2017 at 11:24 AM

Juvenile court rules empower judges to dismiss some sex charges against children under age 13 charged with molesting a child close to their age, the Ohio Supreme Court declared Wednesday.

The court was divided on the Franklin County case, voting 4-3 to overturn a decision by the Franklin County Court of Appeals.

The 2013 case involved a 12-year-old boy charged with three delinquency counts of gross sexual imposition for conduct with a boy who was nearly 10 years old.

A Juvenile Court judge dismissed the charges, finding that court rules gave him discretion to end prosecution and order treatment in lieu of taking formal action.

The judge found that the two boys were close in age and that since no threat of force or violence was involved, it would be arbitrary to pursue charges against one child, but not the other.

Franklin County Prosecutor Ron O’Brien appealed the ruling to the court of appeals, which reversed the judge, leading to the Ohio Supreme Court ruling.

In the majority opinion, Justice William M. O’Neill wrote that a juvenile court’s concern may not always center on determining if a crime was committed.

“As we have recognized in the past, holding a formal proceeding to determine whether a child was motivated by innocent curiosity or by culpable sexual gratification may be as bad or worse for the children involved — and for society — as was the act itself,” his opinion said.

Chief Justice Maureen O’Connor and Justices Terrence O’Donnell agreed with O’Neill. Justice Patrick F. Fischer concurred in a separate opinion.

Justice Sharon Kennedy wrote the dissent, joined by Patrick DeWine and Judith French.

Kennedy wrote that juvenile court rules do not give judges the authority to dismiss a formally filed charge and that cases can be screened by judges for alternative treatment prior to the filing of formal delinquency charges.