Attorney Eugene Pincham said he never thought he'd see a child as young as 8 charged with rape again, not after what happened to his clients in Chicago more than nine years ago.

Two boys, ages 7 and 8, were accused of raping and murdering an 11-year-old girl, Ryan Harris. The nation's youngest-ever murder suspects were exonerated by simple logic: They weren't biologically capable of producing the semen found at the scene. A convicted sex offender eventually pleaded guilty to the crimes, and the boys would later receive large financial settlements from the city.

"It's outrageous," said Pincham, who's been following the case involving three Acworth boys, ages 8 and 9, charged with raping an 11-year-old playmate. "Everybody knows a boy that age can't rape a girl. The prosecutor should know better. This is not right."

It's certainly not common.

While child-on-child sexual assault does happen, it is rare and it is even more rare that the crime would be prosecuted.

Former Fulton County juvenile judge Karen Baynes, who specializes in children and family issues at the University of Georgia's Carl Vinson Institute, said she's never heard of a child that young being charged with rape. There have been a few such cases prosecuted nationwide, but most end up being handled outside of the courtroom, she said.

Sanford Jones, Chief Judge of the Fulton County Juvenile Court, also couldn't recall any such charges being brought against a child as young as 8. That doesn't mean rape allegations against children are unprecedented.

"We recently had a case where a 5-year-old sister was being raped by her 6-year-old brother," Jones said. Charges were not filed.

Even if the Acworth case goes to trial, Jones said the boys will not be punished by the courts, at least not in the way an adult would.

"That's not our job," he said. "I can lock them up for rehabilitation or to protect the community. A juvenile court judge does not have a right to punish under Georgia law."

Unless the crime is particularly heinous, or involves a repeat offender, young perpetrators often end up being released to their parents' custody, Jones said. The children's home environment will also be examined to determine whether the offenders themselves are sexual assault victims.

"What the judge is going to be interested in in this case is 'how did it get to this point?'?" he said.

Jones said he empathizes with Cobb County District Attorney Pat Head, who brought the charges against the three Acworth boys. Because of a court-imposed gag rule, Head cannot comment on the case.

"His hands are tied to a great extent," Jones said. "In a case like this, if a parent wants to prosecute and there's sufficient evidence presented, that's what he has to do."

Head finds himself in a no-win situation, at least as far as public opinion is concerned.

"It seems to me the prosecution in this case is being simultaneously punitive and silly," said Frank Zimring, a professor of law at the University of California, Berkeley and an expert on legal issues involving children. Considering the ages of the children involved, Zimring said the alleged assault was not sexual in nature and shouldn't be treated as rape.

Nor should it be viewed as criminal in nature, said state Rep. Mary Margaret Oliver (D-Decatur), who is involved with a state bar association formulating revisions as to how juveniles are treated under criminal law.

"Research tells us that children as young as 8 and 9 do not have sufficient capacity to form criminal intent, in the way adults do," she said.

Regardless of what happened, there appears to be four victims in this case, Jones said. He is hopeful it will be resolved without a trial.

Pincham predicted it won't get that far: "When the dust settles and rational minds evaluate the facts, this case will disappear."