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Prosecutors Drop Sex Charges Against 12-Year-Old Boy

February 27, 1985

MIAMI (AP) _ Prosecutors on Tuesday dropped a sexual battery charge against a 12-year- old boy who had intercourse with a consenting 10-year-old girl, after attorneys for the youngster promised he would undergo counseling.

″These are not the kind of cases that I think are appropriate for filing in the juvenile court system or to use our judicial system for,″ said defense attorney Steven Levine.

He maintained that youngsters needed to be counseled, not prosecuted.

The elementary school classmates had sex after school on Dec. 16 in the boy’s bedroom at his parents’ Miami Beach apartment, police said. Police said they didn’t want to arrest the children, but were ordered to do so by the State Attorney’s Office.

The boy, who was scheduled to stand trial on the sexual battery charge in juvenile court Tuesday, was arrested Dec. 19 and detained for three days and two nights at Dade County Youth Hall. The girl was charged Jan. 16 with lewd and lascivious behavior but was not detained.

″It was decided that these things needed to be looked into and ... we filed the charges,″ prosecutor Leon Bodkin said. ″We would agree to drop the charges in this case if they would agree to enroll the child in some form of counseling.″

The Dade County State Attorney’s office, however, refused to comment on whether it would do the same with the charges against the girl.

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