Wednesday, May 17, 2000
11-year-old guilty of molesting girl, 7
Boy faces trial in 2 other sex cases
By Steve Kemme
The Cincinnati Enquirer
HAMILTON — Sitting in a big chair and playing with a stuffed animal, a 7-year-old girl told a Butler County judge Tuesday about being sexually molested by an 11-year-old neighbor boy.
She said the boy told her to come into his bedroom to look for batteries but molested her after he led her into a closet.
“It hurt,” the girl said. “I told him not to do that.”
Juvenile Court Judge David Niehaus found the 11- year-old boy guilty of gross sexual imposition. He had been charged with the more serious crime of rape, but the judge said the evidence did not support that charge.
After undergoing a sex-offender evaluation, the boy will be sentenced May 30. The maximum sentence for gross sexual imposition is six months in a state juvenile detention facility, while the maximum sentence for rape is one year.
Other sentencing options include group home detention, probation, and sex-offender counseling.
Judge Niehaus ordered
that the boy remain under home incarceration at a relative's house until sentencing.
The boy will be tried July 10 on two other gross sexual imposition charges, one involving a 6-year-old boy and another involving a 4-year-old girl.
The 7-year-old girl testified Tuesday in a room with only the judge and the attorneys present. Her testimony was shown live on a TV in the courtroom.
The girl's mother testified that she heard her daughter yelling, “Get off me! Get off me! You're hurting me.”
She said when she looked in the closet, she saw the boy on top of her. Both had their pants and underwear down around their ankles.
The woman said she pulled the boy off and grabbed her daughter.
“I lost it,” she said. “I hit her with my hand and threw her on the bed and hit her with a belt.”
Asked by Assistant Prosecutor Darrell Payne why she hit her daughter, she said: “I was in shock. I couldn't believe she did something like that.”
She said the boy's father spanked him after the incident.
In his closing argument, the boy's attorney, Paris Ellis, pointed out that although the girl was examined by two physicians, the prosecution submitted no medical reports to the court.
“There was no evidence of rape,” he said.
“I would have liked to have had medical testimony,” Judge Niehaus said. “But I can't speculate why there wasn't any.”
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