He was accused of sticking his penis in his rectem

And 10 year old can be sent to a Youth Detention Center, or taken out of home by CPS and put in foster care. Or the 10year old can be put on probation and required to go to treatment or counseling. Has the 5 year old received counseling yet ? Of course the parents of the 10 year old can be sued for all the costs of the counseliing

Yes the 5year old has been taken to counseling . An the 10 year old says it never happened cause the mom was in next room, an doors were always opened, and the 5 year old told his mom a month later. Also the 5 year old lived right next door,an both parents on both sides of apt,s can see into each others home.also the 5 year old kept coming to the 10 year olds home asking to play outside before all was said .the10 year old has not been found guilty yet , but he did get his lawyer to request ferensic evaultion for examination, to see weather or not if he did do this. Also the 10 year old looks like he's telling the truth . He says it never happened. So if they do find him guilty they said here would be put on the sex affenders registry. Also he turns 11 in afew months so they changed the charges from2nd degree to 1st degree sexual battery with aminor. The parents of the 10 well almost 11 yrs old want to know what's the legal age to charge aminor as an adult . An can they do that.

Where is this happening? A 10 year old on a sex offender registry?

Yes, for certain crimes a minor can be charged as an adult. You know they can, because they apparently have.

And, again, where is this? What State?

Has the 5-year old been examined by a Physician or is this an accusation?

The state of South Carolina ,an yes the 5 year old has been examined .

Need to know what's the age limit for a child to have been charged with 1st degree sexual battery

Hello d:

Even YOUNG children can be charged. It's just in a different court..

Why don't you tell us what's going on and maybe we can help.

excon

Already being discussed here. It would serve you better to keep your comments and questions all in the same thread under the same topic.

https://www.askmehelpdesk.com/criminal-law/law-kids-10-year-old-charged-sexual-asault-5-year-old-641939.html

My bad no need to get hasty , I was looking up info , an entered this in .we are only human after all we all make errors.

I've merged your threads. If he has been charged, it was done by the prosecutor's office. That means the charge is legal or it would be thrown out by a judge.

Your question is like asking if a person can carry a 10 lb weight when they are already doing it.

The 10 yr old has an attorney. The attorney seems to be doing the right thing by trying to see if there is forensic evidence of the incident.

Not sure what more you need help with.

I do find it surprising that they would threaten a 10 yr old with being on a sex offender registry for a single incident like this.

You stated that the 5 year old was already examined by a doctor. Obviously the doctor found something, otherwise I doubt the 10 year old would be charged with such a serious crime.

I don't know many 5 year olds that would make something like this up. Most 5 year olds have no idea what sex is, and for a child this young to make an accusation like this, there's most likely something to it. The fact that the child came back to play, well, that doesn't mean anything. I was molested by my cousin from the time I was 5. She would babysit me at least once a month. Every time she came over I was happy to see her, it wasn't until we were left alone that I became afraid, because I knew what would happen. Children are able to push the bad things out of their minds, until the bad thing is happening.

This 10 year old has some serious allegations made against him, and if he's in fact guilty, then I do hope that he is charged, gets help, and never does this again.

If the question is whether the chld can be charged as an adult, yes, he can - and, as I said several posts ago, he has been.

Due to his age the Court will appoint someone (a legal guardian, probably) to represent his interests.

Thank you all for your opinions, they were very helpful. God bless you all!