Details of September sexual assault case are released - WFXG FOX 54 - News Now

Details of September sexual assault case are released

New details are now resurfacing from a sexual assault case involving two Aiken minors.

Police said up until recently information wasn't being released for fear it may break state law.

"Because they're juveniles they're handled differently," said Captain David Turno of the Aiken Department of Public Safety. "The case is not closed as people are trying to look at it. It still has not been adjudicated through the juvenile system."

Turno said this sexual assault case happened at Aiken Middle School in mid-September.

An incident report shows a suspect was arrested on Oct. 24 and released to a guardian. ADPS confirms the victim and subject were both 13 years old.

"A 13-year-old in the state of South Carolina cannot consent to sexual relations, regardless if she wants to or not. She is not legally able to do that," Turno said.

But a few weeks ago when someone came into ADPS to see the incident report, police said they withheld information, in trying to keep with state law.

"They requested an FOI, Freedom of Information request and during that procedure it triggers our legal team to get involved and there were some questions there of what should be released at that point," said Turno. "Conferring, they thought they shouldn't release that information."

Turno said the ADPS wasn't hiding the information. In fact, the incident report had been logged in a book, the public can access, around the time of the arrest but after two weeks, those incident reports are purged and a new book is formed. The report was released again, last week.

"Because this involved a juvenile defendant, and a juvenile victim, it should be kept confidential out of respect for the privacy of those juveniles. However the fact that the incident occurred, it is to be released."

State law says any information identifying a child cannot be released to the public.

Copyright 2013 WFXG. All rights reserved.

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