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The Assistant Police Chief said according to the local D.A. and Alabama law that it has to be skin on skin contact to constitute sexual abuse. Is this true? They told me I could only file for assault in the 3rd degree which is a slap on the wrist Class A Misdemeanor. He is the local rich kid in town with a history of this behavior since middle school. The school has always turned a blind eye to his behavior. I was told by the school to file charges with the police which I have. This will require the local superintendent of education to be involved at the school level. Is this enough? Should he be suspended or expelled from school? Should I seek civil action right away or wait on the criminal action and school's decision? This just happened today and I just can't seem to let this go. My 15 yr old daughter is surprisingly resilient and does not want to make trouble. She is distraught, embarrassed and humiliated by the whole incident. We live in a small town and she is afraid of rumor and lack of others believing her. It is however all on CCTV and the coach at her school witnessed the whole incident.
I deeply appreciate your expert advice. I too agree that any touching of the private area is sexual contact regardless of whether there is clothing in between. I know there is a difference in civil & criminal law. Would this be a winnable case in a civil court? I understand the power of publicity and press involvement but what kind of settlement are we talking here? I have some money but I know a civil suit attorney may cost lots of money. If they attorney up and my attorney is not as strong or to put it another way, they get a high dollar attorney. I am concerned that this could this end up costing me more than I can afford. Please advise... The proof is there, but do I subject my daughter to a long drawn out process that may create quite a stir in such a small town. She still has three years of high school left. I just don't think I have enough money to endure the process. Is this a real possibility? Could this backfire?
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