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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my 11 year old was accused of being part of a sexual assault

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my 11 year old was accused of being part of a sexual assault at the public swimming pool, he witnessed it, told the the police what he saw, the officer went to the pool and told the manager a teacher of my son's what he and the others were being accused of and they were all banned from the pool. My son went to court and was found not guilty...was my son's civil rights violated?

Unfortunately, this likely did not constitute a violation of your son's civil rights. There are a couple problems with finding otherwise.

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First, there is no "right" to use a public pool. While the pool may very well be open to the public, the government entity responsible for the pool has the lawful ability to preclude people from using that pool. This ability would be limited primarily by discrimination laws, meaning they could not prevent people from entering based on age, race or ethnicity. However, being accused of a sexual assault would not be protected.

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Another problem is that what occurs in criminal court does not necessarily effect what occurs elsewhere. As a good example, you likely recall that OJ Simpson was acquitted in criminal court but still held responsible in civil court. Likewise, an acquittal for your son would not preclude the government from prohibiting him from using the pool.

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I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response.

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