The age at which kids are considered culpable varies from state to state. In Colorado 9-year-olds aren't culpable for any crimes.
Here's an article from the Stamford Advocate about a 9-year-old boy that was charged with rape in Stamford, Connecticut. The article is no longer available online. At least I can't find it, or any of the followup articles on the case, including the one that said he had indeed been charged.
Boy, 9, to face rape charges
April 15, 2003
By Eve Sullivan, Staff Writer
STAMFORD -- A 9-year-old Stamford boy is set to be charged with raping a 7-year-old girl in the bathroom of Roxbury Elementary School, according to Stamford police.
The incident occurred at the end of last month, but no action has been taken against the boy yet, police said.
"He will be charged," Lt. Arthur Boccuzzi, head of the Stamford Police Department's youth bureau, said yesterday. "He hasn't been charged as of today."
The boy followed the girl into a coed bathroom between noon and 1 p.m. during a school day and "sodomized" her, Boccuzzi said. The sex act was forced, he said.
IMO