Novato Youth Arrested for Molestation of 3 Year-Old Girl

What a difference two years make! A teenager’s recent arrest last Tuesday, February 19, 2008, in Novato, CA illustrates the significance of the age of the accused in sex crimes. Novato teen held in molest case The teenager’s name is being withheld until his age is determined. Initially he claimed he was 18; after being arrested he remembered he was only 16.

Marin County District Attorney appeared personally at the arraignment (highly unusual) and stated that the accused had admitted to engaging in sexual activities with the victim, following notice from the Novato Community Hospital of sexual assault injuries.

As is frequently the case, the accused was a friend of the family. In addition to a $1 million bail, the suspect is being detained on a federal immigration hold.

The age of the accused issue in this case highlights an issue being debated fiercely by prosecutors, the defense bar, and the academic community in California and other states: should a 16 or 17 year old guilty of sexual abuse or assault be treated wholly differently than an 18 year old guilty of the same thing?

In this case, if a minor, the suspect faces several years of incarceration in a youth facility as well as some rehabilitation facility time. If an adult, the suspect faces at least an 18-year mandatory minimum in state prison and life-long registration as a violent sexual predator.