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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44889
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My 15 year old son was pressured by other boys around m to

Customer Question

My 15 year old son was pressured by other boys around him to call a girl and make horrible referrence...he was suspended from school for 5 days and the police contacted me to bring to the police station which I did. There is evidence for it was via mobile phone and his dna was taken. Police officer advised that he would try to get looked at via the juvilie system which would mean he wouldn't need to go to childrens court. My son has never been in trouble before and hasn't had not even a detention at. Currently in year 10. When my son tried to explain that he felt bullied into do this act yhe response was we don't care you have broken a commonwealth law (we reside in south australia). I have attempted to contact the police officer several time and he had not responded to messages. I don't know whether I should have allowed my son or myself to sign this forms re juvillie team. My son has been ridiculed by other students and teaches at school and I have had to monitor him for he is now in deep depression. Does he have any right?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Has he ever reported any of the bullying to anyone at the school?

Is he currently getting any treatment for depression or anxiety because of this?

Do you have any charge Sheets from the police? He should get a solicitor to represent him and he can get legal aid.

You should not do this without a solicitor?

Customer: replied 2 years ago.
Answer to bullying at school I don't think he would have for it just would cause more issues.
No charge sheet from police...I believe they took his dna to cross match other evidence they had from other incidents towards this girl. Other kids at school have advised me that she is very mich a bully herself..but don't want to get involved. My father is a retired psychiatrist so is helping my son. To be honest I thought I would get more information as per if the police had the right to request dna from a minor, what legal rights he had etc pretty much I feel I have paid $115 for nothing.
Expert:  Leon replied 2 years ago.

Good Morning

They can ask for the DNA but he is not required to give it. The police would have to then get a court order. They are using the DNA to see if he is involved in other crimes.

Until the charge him, there is nothing to be done.

He should start having treatment as this can be used and if he is charged, if the Dr says he has been suffering fro bullying, then he may not be able to be charged because of his depression.

You should also get a solicitor to represent him.