my son is 10 the girl is 7 the mother of the girl is accusing my son of forcing her daughter to do oral sex what is the law concerning minors
In cases of alleged juvenile sexual acts, there is a process that takes place that is very different than the adult court system. Basically, all juvenile cases are "Deliquency Cases".
Children are not "Arrested" but they may be "taken into custody."
A delinquent act is a violation of a law that would be a crime if committed by an adult. A delinquent child is one who has committed a delinquent act and is in need of treatment and rehabilitation or supervision by the Court.
Delinquency cases begin by a person filing a complaint with the Court alleging that the child has committed a delinquent act. The child may or may not be placed in the Youth Detention Center depending on the age of the child and the alleged act. The Juvenile Court Intake Officer will investigate the case and determine whether it is in the child's interest to file a formal Petition. The Officer may decide to divert the case or dismiss it. If a Petition is filed it will be given to the child and parent, the case will be scheduled for an arraignment hearing at which the child and the child's parent or guardian will be advised of the child's rights by a judge. The child may then be asked whether the child admits or denies the Petition (unless the child elects to remain silent). If the child denies the Petition or if the child remains silent the case will be scheduled for a trial at a later date. If the child admits the Petition the Court may dispose of the case at that time or may refer the child to the Intake/Disposition Officer and schedule the matter for disposition at a later time.
Adjudication is the pronouncing of a judgement in a case. This is when a judge decides whether the allegations in the petition are true or false.
Arraignment A hearing at which one is advised of the charges that have been filed in one's interest, is advised of one's rights, and is offered a opportunity to remain silent or to admit or deny the charges.
The information source includes "Cobb County Juvenile Court" Georgia