Child-on-Child Sex Abuse in California

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Sex Crime Defense Attorney Aggressively Fights to Protect Juvenile’s Rights

Child-on-child sexual abuse is alarming behavior. When a child-on-child sexual assault occurs, the alleged victim needs help right away. So does the child accused of child-on-child sexual abuse. 

As a parent or guardian of a child accused of sexually abusing another child, you might find it hard to believe that such a horrific event could happen.

You need to act quickly if you learn that your child is under investigation or has been arrested for a child-on-child sexual assault.

San Diego County sex crimes defense attorney Kerry L. Armstrong and his defense team with the Law Offices of Kerry L. Armstrong, APLC, will rely on their wealth of experience defending children and protecting them from the devastating consequences of becoming involved in the criminal justice system.

Can a Child Be Charged with Molestation of Another Child?

Sadly, yes. In California, minors can face very serious charges such as rape, child molest, and other sexual assault crimes even when their alleged victims are other children. 

Police will investigate all reports of sexual abuse, even when the alleged perpetrator is under eighteen. If the police develop probable cause during their investigation, they have the authority to arrest the minor.

Sometimes the investigating officer will issue the minor a notice to appear in court to answer the charges instead of arresting them. Notwithstanding, arresting the juvenile is a viable option. 

The juvenile must appear in court after their arrest. The judge can release the juvenile to their parents without detaining them or can impose conditions of release.

Recent changes in the law make it much harder for minors to be charged as adults.  However, it still occurs in very serious cases.  

A well-qualified sex crimes defense lawyer could help persuade the prosecution to pursue delinquency charges instead of trying the child as an adult.

We know that many children who commit child on child abuse are victims themselves and act out because of that abuse. We can use any mitigating circumstances to argue for leniency. 

Penalties for Child on Child Sexual Assault

A fact-finder, which is a judge in juvenile court, can find the juvenile not delinquent, meaning not guilty, after a bench trial. (Juries are not allowed in juvenile court in California.) 

Suppose the judge finds the juvenile delinquent. In that case, the judge could sentence the juvenile to probation with supervision and other conditions. The judge has the discretion to sentence the juvenile to a detention facility until age twenty-five.

The judge will consider the offender’s age, the risk to the public, and the needs of the minor when setting out the appropriate punishment.

However, a minor tried for child-on-child sexual assault in adult court faces the same penalties as an adult faces. The convicted offender could receive a state prison sentence or be placed on probation with up to one year in local jail.

Additionally, a juvenile convicted of a sexual assault in California must register as a convicted sex offender if they were age sixteen or seventeen and they were sent to the California Youth Authority.

These are the harsh consequences of prosecuting child on child sexual abuse. You need a strong advocate to fight for your child’s rights in court.

Contact San Diego Sex Crimes Lawyer Kerry L. Armstrong for Help Right Away

At the Law Offices of Kerry L. Armstrong, APLC, Kerry L. Armstrong and his team remain committed to helping your child by protecting their rights and ensuring they receive the assistance they need.

Call our office today at 619-304-2058 to speak with our compassionate lawyers who understand your fear and frustration. We understand that you want the best for your child, and so do we. Call today, and let us help you keep your child out of trouble. 

Author Photo

Kerry L. Armstrong


Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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