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High school sexual assualt

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D

denlocke

Junior Member
What is the name of your state?GA

I have a family member in a GA high school who was fondled by another student (male) and has complained to the high school counselors. They have told her that because it happened on school property, the police don't have an interest in the matter and she should not file a report with the police. This sounds like a load of bull to me. What are her rights? What obligations does the school have to report the incident to the authorities?
 


S

Son of Slam

Senior Member
denlocke said:
What is the name of your state?GA

I have a family member in a GA high school who was fondled by another student (male) and has complained to the high school counselors. They have told her that because it happened on school property, the police don't have an interest in the matter and she should not file a report with the police. This sounds like a load of bull to me. What are her rights? What obligations does the school have to report the incident to the authorities?
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***She has the right to remain silent. Anything she says can, and will, be used against her in a court of law. She has the right to have an attorney present charging her by the hour. If she cannot afford an attorney, the court may turn a deft ear to her complaint. The school probably thinks it is the authorities.
 
CdwJava

CdwJava

Senior Member
""""What obligations does the school have to report the incident to the authorities?"

Whether the school has a legal obligation to report the crime to the police is a matter of GA state law - and I am not aware of what it is in this area. However, the victim and her family are free to report it to the local law enforcement agency regardless of the desires of the school administration.

However, keep in mind that reporting it does not mean anything will come of it. If the victim says she was fondled and the suspect says he didn't do it (or that it was consensual), there may be little that will happen from a legal standpoint.

Hopefully it will never happen again.

Carl
 
H

HomeGuru

Senior Member
denlocke said:
What is the name of your state?GA

I have a family member in a GA high school who was fondled by another student (male) and has complained to the high school counselors. They have told her that because it happened on school property, the police don't have an interest in the matter and she should not file a report with the police. This sounds like a load of bull to me.

**A: that is a heavy load of crap.
Click to expand...
 
K

krispenstpeter

Guest
Sexual harassment is against the law. It is illegal in the workplace under the Federal Civil Rights Act, Title VII, and in the schools under the Civil Rights Act, Title IX. It is also illegal under state human rights statutes and is also against the law in Georgia under the following statute:

16-6-22.1. Sexual battery.
(a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.

(c) A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.

I would also suggest you read the following:
http://www.etax.byu.edu/jel/v2000_2/html/chaves.htm
 
&

еberha14

Guest
denlocke said:
What is the name of your state?GA

I have a family member in a GA high school who was fondled by another student (male) and has complained to the high school counselors. They have told her that because it happened on school property, the police don't have an interest in the matter and she should not file a report with the police. This sounds like a load of bull to me. What are her rights?
Click to expand...
The girl and her parents can file a complaint with the police if they wish.

Depending on the details of what happened, she may also have a cause of action to sue for damages for battery, and possibly assault.
 
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