A juvenile sexual offender case is going to a federal court for the first time, as the crimes occurred at an army base in Arizona.
"One would expect with a 10-year-old, there's victimization going on here," says retired Superior Court Judge Eugene Hyman, of Santa Clara, California. He adds that either it happened to him or he was exposed to it via pornography.
Hyman says the government has to prove that the child knew this activity was wrong. In certain states, under certain ages, it's presumed that a child doesn't know what behavior is considered wrong.
Hyman believes the child would be better served by rehabilitation but the government thinks prosecution is the best way. "I think a huge argument could be made that the child would be better served going through a different system but that's not a legal issue that can be appealed," Hyman says.
Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network. For more information on the article in the Wall Street Journal, click here.