I can’t imagine six-year-olds get a lot of mail. Why would they need to? And in addition to the danger of being hit by a moving vehicle, they aren’t even tall enough to retrieve it from the box. However, a young boy in Grant County recently got some interesting mail when he received an official summons by Grant County District Attorney Lisa Riniker, bringing a first-degree sexual assault charge against him after he played “doctor” with two five-year-old friends. For a game, a first grader has been brought up on felony sex charges. This obviously must be some sort of a joke, right? I mean where are his parents, and why aren’t they all over the news speaking on behalf of their son?
Oh wait, that’s right – it’s currently illegal for them do so.
Furthermore, Riniker also had a letter for his parents, who had no trouble in opening the mailbox to find a gag order – which they can hang on the refrigerator next to their son’s court summons and his latest art project.
It seems that when the parents of the boy (referred to as “D” to protect his identity) expressed an interest to contact WISC-TV, the CBS News affiliate in Madison, Riniker quickly sought a gag order for them, prohibiting them from legally discussing any aspect of their young son’s case. Not named in the DA’s gag order, however, were the attorney’s arguing on behalf of D’s parents in the federal lawsuit they are now filing against Riniker, Grant County and Grant County Social Services.
Representing the six-year-old and his parents, attorneys Christopher Cooper and David Sigale claim that a game between three children should have been handled between parents – not the law. The attorneys are asking for approximately $12 million in damages from Riniker and the two co-defendants, citing they are prepared to present evidence that “D” has been psychologically harmed by the court proceedings and is terrified of going to jail.
Cooper and Sigale also continue to question the validity of the charges. In an interview with WISC-TV Cooper said, “[The boy] says he didn’t do it, and the little girl says he didn’t do it. The little girl says he touched the back of one of her buttocks.” The suit also contests that in spite of “D’s” claim that he was touched wrongly by the five-year-old, that child faced no charges because the other is the child of a prominent Grant County official.
When asked to justify her actions, Riniker said, “the Legislature could have put an age restriction in the statute. … The [L]egislature did no such thing.” Ah yes, because when the great state of Wisconsin wrote such a statue, they did so to ensure that district attorneys would be able to charge six-year-olds as felons.
To indicate a six-year-old is criminally guilty of anything is absurd; to actively promote such a position is genuinely preposterous. A charge of first-degree sexual assault is not something to be taken lightly in any situation, but here it has been applied to a young boy who has already been traumatized and will be forced to deal with this experience for the remainder of his life.
The lawsuit also alleges that Riniker wants “D” and his parents to sign a consent decree admitting some level of guilt, something Cooper said his clients vehemently oppose. In all likelihood, this will mandate “D’s” registration as a sexual offender upon his 18th birthday. Imagine for a moment that upon his eighteenth birthday, he must tell his all his neighbors that he was charged with first-degree sexual assault twelve years ago – for playing “doctor.” When is enough enough?
Riniker’s actions crossed the line when she accused a six-year old child with a felony and forbade his parents to discuss it with anyone. A courtroom is no place for a young child to be reprimanded for matters that are beyond their comprehension. Instead of summoning the child to a witness stand, this should be used as a moment to impress upon the child the error of their ways, so they can learn. This way, they will grow into a responsible young adult, not a felon.
Adam Ruechel ([email protected]) is a sophomore majoring in biology.
