Five boys arrested in connection with the alleged sex assault of an 11-year-old girl at Beretania Community Park have not been charged, police said yesterday, contradicting an earlier police statement.

The boys, all of whom are between 11 and 15 years old, are being held at the juvenile detention facility on Alder Street.

"They have not been formally charged," police spokesman Capt. Frank Fujii said yesterday.

The city prosecutor's office yesterday declined to comment on the case or the status of charges, citing Family Court confidentiality rules.

Carolyn Brown, a state deputy public defender who specializes in juvenile justice, said that when juveniles are arrested, police can hold them for six hours before releasing them to the custody of parents, legal guardians or a juvenile detention facility.

The next step is for police to forward to the prosecutor's office a "petition" that outlines possible charges to be brought.

A police summary of the alleged incident in the department's Criminal Investigation Division states that a petition has been sent to the prosecutors' office recommending charges of first-degree sexual assault, third-degree sexual assault and kidnapping.

It was not clear which of the boys would face the specific charges.

In response to a question on whether the boys had been charged, police on Sunday said they were, based on information from the case summary.

Prosecutors have 24 hours to file that petition in Family Court. If prosecutors need more than 24 hours and can show why they need the time, they may apply for another 24-hour extension, she said.

The prosecutor's office makes a final decision on what offenses to include in the petition, then sends it to Family Court for final review.

Once that petition is filed in family court, a juvenile has been formally "charged," she said. "Until there is a document filed in court, they haven't been charged," said Brown, who teachers a course on juvenile justice at Honolulu Community College.

The victim was allegedly attacked about 7:45 Tuesday night as she was walking home from a school function. A companion of the victim was not harmed.

The victim's mother, reached at her home yesterday, declined to comment.

One boy is 15, one is 14, two are 13 and one is 11. Police arrested four of the boys at their homes about 6:30 a.m. Saturday. The fifth suspect turned himself in about two hours later.

The boys are all juveniles, but it is possible that prosecutors could seek to have Family Court waive its jurisdiction over the 15-year-old, which would allow authorities to try him as an adult.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.