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My 12 your old was hit and punched in the face at school by…

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My 12 your old...

My 12 your old was hit and punched in the face at school by a 13 year old. After he told an administrator, the other child cornered him in a locker room and threatened to "rape his mother" if he snitched anymore. The school has suspended the kid for 3 days but should we file a police report? I'm not satisfied with a 3 day suspension

Lawyer's Assistant: Have rape charges been filed? If so, when is the next court date?

No - it just happened and the school told us "no further action was needed" I disagree

Lawyer's Assistant: In what state did this occur?

He only threatened the "rape" of mom

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

North Carolina

Submitted: 4 months ago.Category: Criminal Law
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Answered in 8 minutes by:
3/16/2018
Criminal Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Yes, you can file a police report. You're not bound by the school's decision that a three day suspension is sufficient under the circumstances. Battery is a crime. Not only is it important for the child to see that actions have consequences, but a judge can order him to take anger management classes. That may have more of an overall effect on future behavior than a three day vacation from school.

Your son could also sue the child's parents for up to $2,000 under a North Carolina law that makes parents responsible for the willful misconduct of their child. N.C. Gen. Stat., Section 1-538.1. Battery carries punitive damages, so he can seek compensation even if not seriously injured.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Criminal Lawyer: Lucy, Esq., Lawyer replied 4 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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