FISHERS, Ind. (WISH) - Police have decided to close the case involving a 13-year-old boy having sex with an 8-year-old girl on a school bus traveling through Fishers, calling it consensual sex.
IU Law Professor Joel Schumm said if there are no signs of force, if there is a small age difference between the children then discretion to pursue charges is left to prosecutors.
"This is something he could have pursued but based on the facts he decided not to pursue it," said Schumm. "Most prosecutors would have made the same decision. "
According to Fishers police the two children had consensual sex, but state law states that's impossible. Under Indiana law children under the age of 14 are incapable of consenting to have sex.
"The victim can not consent no matter what age the suspect is the victim can not consent," said Schumm.
Robert King Jr., attorney who is representing the family of the girl says his client was not a willing participate.
"What happened to the victim here was child molestation or rape," said King.
We called and paid a visit to Hamilton County Prosecutor's Office but we have not heard back from Prosecutor Lee Buckingham on why the case will no longer be pursued.
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