Evaluation of juvenile delinquency in cases of sexual abuse in terms of criminal liability: Two case reports

Abstract

The assessment of criminal responsibility in children aged 12–15 years requires particular importance. Children in this age group who in conflict with the law, necessitate assessments by specialists in child and adolescent psychiatry, child psychologists, and forensic medicine specialists to assist judicial authorities in determining their criminal liability. This study aims to emphasize the importance of evaluating cognitive capacity, developmental status, and psychosocial factors in determining criminal responsibility, through two cases involving alleged sexual abuse in which both the victim and the perpetrator were between 12 and 15 years of age. In the first case, adverse family conditions and a specific learning disorder were found to limit the child’s ability to anticipate consequences and solve problems appropriately. In the second case, although cognitive capacity had previously been assessed as normal, further evaluation revealed attention deficits. In both cases, it was concluded that the children lacked the capacity to fully comprehend the legal meaning and consequences of their actions and to adequately direct their behavior. These findings underscore the need for a holistic assessment and for distinguishing peer-related sexual behaviors from sexual abuse in the absence of coercion or force.