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Name: In re I.J.
Case #: B237271
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/24/2012
Subsequent History: Review granted 9/19/12: S204622
Summary

There was sufficient evidence that male siblings of a female sexual abuse victim were at risk. Minors were made dependents of the court due to sexual abuse of 14-year-old minor. On appeal, father argued that there was insufficient evidence that he sexually abused the 14-year-old female minor, and insufficient evidence that the younger minors, including three boys, were at risk. The appellate court rejected the arguments and affirmed. The only evidence refuting the detailed evidence of sexual abuse was the minor’s unconvincing recant. Also, although there is a split in authority as to whether minor boys are at risk when their sister is sexually abused, section 355.1(d) provides that when a parent commits sexual abuse, it is evidence that the subject minor is at risk of abuse. Aberrant sexual behavior by a parent places the victim’s siblings who remain in the home at risk of aberrant sexual behavior. In addition, they remained at risk of abuse when they got older. Even if the boys were not at risk of being abuse victims by their father, they were at risk of other harm because of the molestation in the family, such as learning predatory behavior.