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What can i do if my son has been assaulted in school?

Question Details:My son is 12 years old, and he has been assaulted twice by the same boy, at school. The school resource officer states that he cannot do anything because they are under the age of 16. We also talked to a police officer and he stated the same thing. What if anything can I do, to keep my child from being assaulted at school?

Asked 2 years ago under Criminal Defense | 343 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

They--school and police--can do something; there is no law that says that an under-16-year old can assault another child w/impunity. You will need to escalate over the heads of the people who were not sympathetic; try talking to the principal, or, if necessary, a district level person--go all the way up to superintendent if you need to. Similarly, go over this officer's head and speak with a sergeant, a lieutenant, etc.

M.S., Member, Connecticut Bar | FreeAdvice Contributing Attorney Answered 2 years ago

Although I do not practice law in the State of North Carolina, here are my initial impressions.  I suggest that you consult with a local attorney to discuss this matter and to then evaluate all options that you may have.  Many states have anti-bullying statutes, which would expose the school to civil liability in a situation like this.  Moreover, there may be criminal consequences for they children who are committing the assault.  After consulting with a local attorney and discussing this matter in greater detail, you will be able to identify the best solution to fix this problem.  Good luck.

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