10-year-old boy jailed in for 'rape'
A 10-year-old boy in California was arrested in September and charged with rape and sodomy against two boys and two girls ages 4 to 10. "It goes beyond playing doctor," claimed Santa Clara, CA police Sergeant Phil Zaragoza. "There was some intimidation." Physical examinations of the victims failed to confirm any assault, but Zaragoza claimed that was not uncommon. The boy told police he learned the sex acts from pornographic magazines. But Terri Carroll, the child's probation officer, said he must have been a victim of sexual assault himself. In general, she said, "There's no other way they can learn that behavior."
Police said the alleged rapist showed very little emotional response when he discussed the incidents. After the boy realized he might be in trouble, he began to cry and asked if he might have to go to jail, Zaragoza said. He was taken to Juvenile Hall in San Jose shortly after his arrest, then released to the custody of a family friend. He was later returned to Juvenile Hall because of concerns about his safety and the safety of others, authorities said. Deputy District Attorney Cynthia Sevely, the prosecutor in the case, defended filling the rape charges because she believes the boy knew what he was doing - and knew that it was wrong.
source: Article < 10-Year-Old Boy Jailed in "Rape" >; NAMBLA Bulletin, vol. 10, n. 10; December 1989