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Todesen

Junior Member
What is the name of your state (only U.S. law)? New Mexico
The date was September 23, 2015. I was a high schooler using the restroom in a stall after school. This was in a private christian school in NM, I was 17 at the time. I was doing my business when two boys entered the restroom too. I was in a closed stall looking at stuff on my phone when all of a sudden a cloud of axe body spray engulfed the stall. I heard the two boys outside the stall. The second I noticed it, I put my face into my shirt to prevent inhaling the fumes. The spraying stopped and then I look up. My pants and underwear were around my ankles when I looked up and saw the cellphone of one of the boys. From the angle the camera peered directly on my private parts. I shouted “what the hell?!!” and the camera dropped out of view. I finished my business as soon as possible and left the stall to confront the boy. I had a hand injury at the time. When I left the stall, I saw him showing two other boys in the bathroom. (they had entered sometime after the attacked began. These two don’t include the 2nd boy who sprayed my.) That is clear distribution. When I got closer to him, he moved away and then I saw the screen of the phone. Holy f*cking sh*t, they got me. I was furious. I was madder than I had ever been. “DELETE THE VIDEO!” With a smirk on his face he shielded the phone from me. Before I even got to it, he turned off the screen. When I saw the video, it was recorded with Snapchat. Snapchat is an app that enables user to share and/or save pictures and video with each other. It doesn’t make sense that this happened in the first place. But the fact that the video was recorded on Snapchat is intention of distribution. If the perv were to use it for whatever personal reason, it would probably be done with the phone's dedicated recording app that comes with it. You may question the video’s whereabouts after this incident. That’s irrelevant if he saved or deleted it because my personal parts had already been shared with 3 other souls.

I went home in tears. My mother made me email the principal about the incident. It was a difficult task because at the moment, my only function was crying. My motivation for justice suppressed the sadness. I looked at the school's handbook that included policies regarding the use of cell phones in the restroom. There were all different policies broken by both boys. I would post a link to the handbook, but i'd dox my school. I wrote the email and was set for a meeting first thing the next day.

The next day, the principal met with me. He heard my side of the story. He then dismissed me to go to class. I was somewhat ticked off because he didn’t tell me the punishment for the crime. However, I knew that both sides needed to be clear before a judgement is made. I went class with the inability to focus on my work. There was flashback, I smelt the bodyspray. My fist clenched and I put my head down. Justice. Justice. Justice. Education became irrelevant, I just wanted him to pay for what he did. Nothing seemed the way it did before. I was so sad and didn’t want to let people know why. It was private, it was wrong, it was humiliation.

I forget how, but I learned of the punishment for this incident. Both the boy’s were suspended for playing in a single game of soccer. The boy who recorded me was subject to loss of phone privileges for a month. Upon learning this, I was relieved of sadness only to turn to anger. My mom also knew, of the punishment, she told family members and I think a few friends about what happened. There were universal responses along the lines of “Are you kidding me?” and “Seriously?” I was also in disbelieve of the weak punishment. No one, not a single person should EVER have to go through this. I demanded expulsion. The principal took the case to the board of the school. The board is comprised of members of the community that have been active and participated in school functions for years. There was one particular member who was very influential. Lets call him Jeff. Jeff worked with the mother of the boy who recorded me. The boy who recorded me is an only child. He's cherished by his mother, he's her world. She couldn’t lose her world. I believe, and could maybe prove, that some sort of agreement was worked out.

The punishment stood. The anger turned back into sadness and slowly depression. It felt like everyone turned their back on me. My mother wouldn’t stand to see her child like this. She then filed a police report. I remember the school and coaches begging her not to do it. We gave them a chance to set things right and they failed. The police took the case. At this point my mother was the only one fighting for justice. I had gone into depression and was tasked with surviving the day. One day, my mother accidentally fell out of our car while it was in drive. She's a big woman and suffered a severe injury to a knee. Her injury resulted in the need for surgery. Neither one has followed up on the case. Her knee injury lasted until about April 2016 and my depression went until about June 2016. The school didn't report the Felony that happened on their property. The time was during a soccer practice which is a school function.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? New Mexico
The date was September 23, 2015. I was a high schooler using the restroom in a stall after school. This was in a private christian school in NM, I was 17 at the time. I was doing my business when two boys entered the restroom too. I was in a closed stall looking at stuff on my phone when all of a sudden a cloud of axe body spray engulfed the stall. I heard the two boys outside the stall. The second I noticed it, I put my face into my shirt to prevent inhaling the fumes. The spraying stopped and then I look up. My pants and underwear were around my ankles when I looked up and saw the cellphone of one of the boys. From the angle the camera peered directly on my private parts. I shouted “what the hell?!!” and the camera dropped out of view. I finished my business as soon as possible and left the stall to confront the boy. I had a hand injury at the time. When I left the stall, I saw him showing two other boys in the bathroom. (they had entered sometime after the attacked began. These two don’t include the 2nd boy who sprayed my.) That is clear distribution. When I got closer to him, he moved away and then I saw the screen of the phone. Holy f*cking sh*t, they got me. I was furious. I was madder than I had ever been. “DELETE THE VIDEO!” With a smirk on his face he shielded the phone from me. Before I even got to it, he turned off the screen. When I saw the video, it was recorded with Snapchat. Snapchat is an app that enables user to share and/or save pictures and video with each other. It doesn’t make sense that this happened in the first place. But the fact that the video was recorded on Snapchat is intention of distribution. If the perv were to use it for whatever personal reason, it would probably be done with the phone's dedicated recording app that comes with it. You may question the video’s whereabouts after this incident. That’s irrelevant if he saved or deleted it because my personal parts had already been shared with 3 other souls.

I went home in tears. My mother made me email the principal about the incident. It was a difficult task because at the moment, my only function was crying. My motivation for justice suppressed the sadness. I looked at the school's handbook that included policies regarding the use of cell phones in the restroom. There were all different policies broken by both boys. I would post a link to the handbook, but i'd dox my school. I wrote the email and was set for a meeting first thing the next day.

The next day, the principal met with me. He heard my side of the story. He then dismissed me to go to class. I was somewhat ticked off because he didn’t tell me the punishment for the crime. However, I knew that both sides needed to be clear before a judgement is made. I went class with the inability to focus on my work. There was flashback, I smelt the bodyspray. My fist clenched and I put my head down. Justice. Justice. Justice. Education became irrelevant, I just wanted him to pay for what he did. Nothing seemed the way it did before. I was so sad and didn’t want to let people know why. It was private, it was wrong, it was humiliation.

I forget how, but I learned of the punishment for this incident. Both the boy’s were suspended for playing in a single game of soccer. The boy who recorded me was subject to loss of phone privileges for a month. Upon learning this, I was relieved of sadness only to turn to anger. My mom also knew, of the punishment, she told family members and I think a few friends about what happened. There were universal responses along the lines of “Are you kidding me?” and “Seriously?” I was also in disbelieve of the weak punishment. No one, not a single person should EVER have to go through this. I demanded expulsion. The principal took the case to the board of the school. The board is comprised of members of the community that have been active and participated in school functions for years. There was one particular member who was very influential. Lets call him Jeff. Jeff worked with the mother of the boy who recorded me. The boy who recorded me is an only child. He's cherished by his mother, he's her world. She couldn’t lose her world. I believe, and could maybe prove, that some sort of agreement was worked out.

The punishment stood. The anger turned back into sadness and slowly depression. It felt like everyone turned their back on me. My mother wouldn’t stand to see her child like this. She then filed a police report. I remember the school and coaches begging her not to do it. We gave them a chance to set things right and they failed. The police took the case. At this point my mother was the only one fighting for justice. I had gone into depression and was tasked with surviving the day. One day, my mother accidentally fell out of our car while it was in drive. She's a big woman and suffered a severe injury to a knee. Her injury resulted in the need for surgery. Neither one has followed up on the case. Her knee injury lasted until about April 2016 and my depression went until about June 2016. The school didn't report the Felony that happened on their property. The time was during a soccer practice which is a school function.
Do you have a legal question?
 

Todesen

Junior Member
Do you have a legal question?
I know the boy committed felony voyeurism. I want to know what I could I sue the boy for. People are telling me the school did nothing wrong, is there anything I could do about the weak punishment they gave him?
 

Just Blue

Senior Member
I know the boy committed felony voyeurism. I want to know what I could I sue the boy for. People are telling me the school did nothing wrong, is there anything I could do about the weak punishment they gave him?
Go to the local police station and file a complaint.
 

Todesen

Junior Member
Go to the local police station and file a complaint.
They already have it on record. I want to take legal action because we're adults. Someone told me that he is guilty of intentional infliction of emotional harm, Invasion of privacy, intrusion of seclusion, and distribution of privacy acts. Can you think of anything else. I want to sue the school too, but don't know if I have a case.
 

cbg

I'm a Northern Girl
This is not a do it yourself project. You will NEED to have a lawyer review all the facts and determine if, under state and local laws, you have a viable lawsuit against the individual in question. I think your case against the school is weak at best but maybe a lawyer will see something I don't. You MIGHT have a viable case against the boys if you can prove your claim.
 

Todesen

Junior Member
This is not a do it yourself project. You will NEED to have a lawyer review all the facts and determine if, under state and local laws, you have a viable lawsuit against the individual in question. I think your case against the school is weak at best but maybe a lawyer will see something I don't. You MIGHT have a viable case against the boys if you can prove your claim.
Ok, I was just checking to see if this is even enough for a case. I think Ill get a consultation. Thank you.
 

Shadowbunny

Queen of the Not-Rights
If you do seek out an attorney, I suggest paring down your story to the basics: you were videotaped while in the bathroom by classmates. It was reported to the school and the police, you want to seek damages from the boys involved. Most people don't have the time nor inclination to listen to the extraneous, emotional details.
 

justalayman

Senior Member
I would suggsst you forget about the law suit and get some counseling. It's been a year and you are still stewing about it. Law suits can be traumatic in themselves and given your reaction to the incident, I would suspect the court battle might just put you over the edge.


Truthfully it sounds more like you are writing a book than having described the incident. The detail you include is extremely odd, especially given it is not relevant to your situation.

The fact you have failed to follow up with the police may have given them the impression this is not that big of
Deal to you. Especially given the amount of that passed before even bothering to report the incident
To the police, they aren't likely to get all excited about it either.
 

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