My 12 yr old son was arrested for beating up a kid who sexually assaulted him..

[Erica Sports]

What is the name of your state (only U.S. law)?

new york new york


2 weeks ago my 12 year old son got into a physical altercation with another student his age who grabbed his private area. My son beats up the kid and a week later the parent of the child that my son beat up had my son arrested while my son was at school. I go to the precient and the arresting officer brings my son out in handcuffs(I was told by someone this was wrong) and tells me the parent filed charges due to the 12 year old being hospitalized. a few days later I go to the same precient to press charges on the other 12 year old being that my son was sexually assaulted and the police tell me that they refuse to file a charge or a complaint. I explain that that doesnt sound right me copming into file a complaint and them refusing. I feel like very unjustified. What is my situation and what procedures should I take from here. How do I go over the precients head to file a complaint of sexual assault being that the precient is refusing to do so? Can i file charges agains the precinct?

 

[justalayman]

since your son did not make a complaint to anybody at the time of the incident, the police tend to look at it as it wasn't a big deal to him.

The other thing: some kid grabbing your junk is reason for some defensive action but it sounds like your son went above and beyond defensive. As such, it becomes a crime such as battery.

You only get to defend yourself until there is no longer a threat.

You need to worry more about a lawyer for your kid and less about the complaint not being accepted. Your kid is in a bad situation.

 

[Antigone*]

What is the name of your state (only U.S. law)?

new york new york


2 weeks ago my 12 year old son got into a physical altercation with another student his age who grabbed his private area. My son beats up the kid and a week later the parent of the child that my son beat up had my son arrested while my son was at school. I go to the precient and the arresting officer brings my son out in handcuffs(I was told by someone this was wrong) and tells me the parent filed charges due to the 12 year old being hospitalized. a few days later I go to the same precient to press charges on the other 12 year old being that my son was sexually assaulted and the police tell me that they refuse to file a charge or a complaint. I explain that that doesnt sound right me copming into file a complaint and them refusing. I feel like very unjustified. What is my situation and what procedures should I take from here. How do I go over the precients head to file a complaint of sexual assault being that the precient is refusing to do so? Can i file charges agains the precinct?

Why did your son take the law into his own hands? Why didn't he tell someone in authority when the assault happened? No one is going to believe that something happened. Now it just looks like retribution.

 

[Erica Sports]

since your son did not make a complaint to anybody at the time of the incident, the police tend to look at it as it wasn't a big deal to him.

The other thing: some kid grabbing your junk is reason for some defensive action but it sounds like your son went above and beyond defensive. As such, it becomes a crime such as battery.

You only get to defend yourself until there is no longer a threat.

You need to worry more about a lawyer for your kid and less about the complaint not being accepted. Your kid is in a bad situation.

Why did your son take the law into his own hands? Why didn't he tell someone in authority when the assault happened? No one is going to believe that something happened. Now it just looks like retribution.

I assumed due to the lack of support from the police that they were sensing retribution as well. If any of u 2 were in my position what would be your next move? what is the best thing I can do at this point?

 

[Antigone*]

I assumed due to the lack of support from the police that they were sensing retribution as well. If any of u 2 were in my position what would be your next move? what is the best thing I can do at this point?

I would get an attorney for my son and don't allow him to speak to anyone about the case without the attorney present.

 

[justalayman]

get a lawyer for the kid. Don't let the kid speak with anybody about this.


if there were witnesses, have your son write the names down for the lawyer. He will likely attempt to make this into some self defense gone awry.

 

[Erica Sports]

Thanx alot. Your help is much appreciated.

 

[Antigone*]

Thanx alot. Your help is much appreciated.

You're welcome.

 

[Erica Sports]

one more question.....so there's nothing I can do about the police refusing to take my report of sexual assault? Something just doesnt sit well with the fact that they refused to do that.

 

[Antigone*]

one more question.....so there's nothing I can do about the police refusing to take my report of sexual assault? Something just doesnt sit well with the fact that they refused to do that.

Something doesn't sit well with the fact that your son stayed silent on the matter.

 

[Erica Sports]

Something doesn't sit well with the fact that your son stayed silent on the matter.

ok....i get it. according to the law it looks off....i get it.

 

[stealth2]

Note - the ONLY person your son should be discussing this with is his lawyer. That means he should not be discussing it with *you*, either.

 

[The Occultist]

one more question.....so there's nothing I can do about the police refusing to take my report of sexual assault? Something just doesnt sit well with the fact that they refused to do that.

I just wish to point out something that I'm surprised nobody else has: do you KNOW that the other kid "sexually assaulted" your son? Or is this what he told you perhaps in order to make sure you weren't mad at him for doing something stupid? Such tactics by defendants are not quite uncommon, and I'm sure the police have dealt with a large enough number of these attempted "counter charges" to think (or know) that your son is lying in a poor attempt to get himself off the hook.

 

[CdwJava]

A sexual assault of whatever stripe generally requires the act be for sexual gratification. This may be nothing more than a simple battery. Or, perhaps, some form of sexual battery.

But, depending ALL the details (and the police likely have a few more than you do at this point) there may be some elements or witnesses that spin a different story than what you have heard.

As others have advised, it is best to seek legal counsel for your son. If he hospitalized another kid, then he likely went far beyond what the laws for self defense allow. Understand that anything he tells you, his friends, his siblings, or anyone except for an attorney can be subject to examination by the prosecution. In other words, you could (in theory) be called to testify as to what your son told you. Best that he tells you very little.

 

[mistoffolees]

A sexual assault of whatever stripe generally requires the act be for sexual gratification. This may be nothing more than a simple battery. Or, perhaps, some form of sexual battery.

If the story is true, it may well have been sexual assault:
Legal Definitions of Sexual Assault, Counseling Services Website - University at Buffalo
" all that is required is "sexual contact" - touching of intimate or sexual parts, either directly or through clothing."

In some states, it requires that the purpose be sexual gratification, but that doesn't appear to be the case in NY. Logically, that seems to be the more reasonable position - first, how do you prove that the perp did it for gratification and not for power and second, who cares? If you're the victim, do you care if you were violated because the perp got his jollies from it or because the perp wanted to exert his power over you?

But, depending ALL the details (and the police likely have a few more than you do at this point) there may be some elements or witnesses that spin a different story than what you have heard.

Absolutely. Without evidence, this kid is in a world of trouble. There is hard evidence that he pounded to a kid to a pulp. There's only his word that he did it over an alleged incident that occurred some time ago. Unless there were credible witnesses, his defense isn't going to help him.

Even if there were 100 witnesses, including the Archbishop of Canterbury, it may not be much of a defense since he was not in danger at the time he beat the other kid up and appeared to have gone beyond the bounds of reasonable self-defense.

As others have advised, it is best to seek legal counsel for your son. If he hospitalized another kid, then he likely went far beyond what the laws for self defense allow. Understand that anything he tells you, his friends, his siblings, or anyone except for an attorney can be subject to examination by the prosecution. In other words, you could (in theory) be called to testify as to what your son told you. Best that he tells you very little.

That's correct - he should certainly be told to keep his mouth shut about the incident.