In separate incidents, two 14-year-old juveniles from Monroe are facing charges for sexual assault. Because of the severity of the alleged crimes, in both cases they are currently being charged as adults.
“Superior Court, not juvenile court, has jurisdiction over any person between the ages of 13-17 charged with certain offenses: Murder, Voluntary Manslaughter, Rape, Aggravated Sodomy, Aggravated Child Molestation, Aggravated Sexual Battery, or Armed Robbery with a Firearm. This is essentially why it is called ‘being charged as an adult,’” Alcovy Judicial Circuit Assistant District Attorney Randy McGinley said. Walton County falls within the Alcovy Judicial Circuit Court System.
McGinley said in both these cases, which are completely separate, the victim is either 10 or under. Both had some family connection to the victim. In one of the cases, the suspect is being held without bond in a youth detention center.
“Bond was denied by the magistrate judge based on the law that does not allow the magistrate to set bond on the specific charge,” McGinley said, adding that a preliminary hearing has been set for later this month. “This defendant was arrested by the Monroe Police Department for one count of Aggravated Child Molestation.”
McKinley said in the second case the defendant is being housed at a treatment facility as per the bond order.
“If the defendant leaves, is removed, etc. from that facility, he will be transferred to a youth detention center,” McGinley said. “This defendant was arrested by the Monroe Police Department for one count of Aggravated Child Molestation and one count of Aggravated Sexual Battery. As the case is still pending, I cannot comment on what a likely sentence is; I can only tell you what the legal possible sentences are. If the case stays in Superior Court, Aggravated Child Molestation and Aggravated Sexual Battery each carry a minimum sentence of 25 years in prison and a maximum of life in prison. However, the court could sentence the defendant to something lower than the minimum if the prosecution and the defendant agree upon a lower sentence.”
McGinley said the charge against the first defendant carries the same minimum and maximum penalty if convicted in Superior Court. He said the District Attorney’s office, or the Superior Court, could make the decision for either of the cases to be transferred to juvenile court, which is allowed if a defendant between the ages of 13-17 is charged with voluntary manslaughter, aggravated sodomy, aggravated child molestation, or aggravated sexual battery.
“If either of those happen, the defendant would be subject to the sentencing of Juvenile Court, essentially some amount of probation at the minimum up to 5 years in restrictive custody. If the case is charged in Superior Court and stays in Superior Court, then the defendant would be subject to the minimum/maximum penalties as if he/she were an adult,” McGinley said. “If such a defendant is convicted or enters a guilty plea to Aggravated Child Molestation in Superior Court, then that individual would have to register as a sex offender regardless of the age of the defendant. If it is transferred to juvenile court, then the defendant would not have to register as a sex offender.”
McKinley said when a 13-17 year old is charged with offenses such as these, the possible range of sentences is extremely broad.
“Basically, a 13-17 year old, could be sentenced just like any adult, up to life in prison, or it could be transferred to juvenile court and be treated as a juvenile offender,” he said. “Our office has no comment as to what the final disposition of these two cases will be as both are pending cases and are extremely early in the process.”