CALVERT COUNTY, Md. (7News) — A 13-year-old boy found guilty of raping two 6-year-old girls in Calvert County was sentenced to probation with electronic monitoring rather than placement in a secure facility, a decision that has drawn strong criticism from the county’s state’s attorney.
The case went to sentencing on Monday in Calvert County Circuit Court. State’s Attorney Robert Harvey described the crimes as deeply troubling and rare for the region.
“If it were committed by an adult, it would have been a felony,” Harvey said. “It’s a rape by a 13-year-old juvenile offender of two 6-year-old girls. And how that could even happen is beyond my comprehension. But it did.”
Harvey said the assaults came to light after the boy allegedly bragged about them to classmates, who reported it to police.
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Under Maryland law, juveniles as young as 13 generally cannot automatically be charged as adults, and most such cases are handled in the juvenile system. At sentencing, Harvey said his office argued for the boy to be placed in a secure facility to protect the community and ensure he receives treatment.
The state Department of Juvenile Services (DJS) recommended the boy be released to home detention with an ankle monitor, a position the judge ultimately adopted. Judges have final authority over juvenile dispositions but often weigh recommendations from DJS, which is tasked with balancing public safety and the rehabilitation of young offenders.
Harvey said he believes the system fell short in this case.
“They don’t have adequate resources. They don’t have the programs. They don’t have the facilities. They definitely don’t have the secure facilities,” he said. “So when confronted with that lack of resources, the default is send them home. And that’s the wrong answer here.”
He also questioned whether the system would adequately monitor the boy’s compliance with treatment and probation conditions.
“I’m hopeful that the necessary treatment and rehabilitation will occur, but I’m doubtful that it will,” Harvey said. “Any violations of his probation or failure to complete treatment are going to be reported to the Department of Juvenile Services. Are they going to let the court know? Are they going to let the state’s attorney’s office know? Are we going to be able to do anything if this young man does not follow through?”
A spokesperson for DJS declined to comment on the specifics of the case, citing legal restrictions on discussing juvenile matters. In general, the agency said it evaluates each case individually to determine the appropriate level of intervention.
“Not every young person needs the highest level of intervention, and not every young person should receive the lowest,” DJS Secretary Betsy Fox Tolentino said in a past interview. “We have to assess each young person effectively so that we can put the right service around that young person for their safety and the community’s safety and to help them change their behavior over time.”
Harvey said the outcome reflects broader shortcomings in Maryland’s juvenile justice system and raises concerns about community safety.
“We’re not accustomed to having these kinds of cases here in Southern Maryland,” he said. “When we do, we want to ensure that the community is protected. And in this case, I don’t think the community is as protected as much as it should have been.”
According to Harvey, the boy has been released back to the home where the assaults occurred. The victims no longer live there but remain in the community.
Harvey said he can only hope they do not encounter the teen who assaulted them again.
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