What should I do if my son was sexually assaulted at school in the bathroom by another child?

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What should I do if my son was sexually assaulted at school in the bathroom by another child?

He was pulled down and the other child put a finger into his behind. A police report was filed and DCS was contacted. DCS has not contacted us yet.

Asked on May 8, 2012 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, you should probably press charges--this was sexual assault. Don't allow the beauracracy to potentially sit on this--press the police and DCS for action.

Second, you can sue the child's family; the parents of a minor are liable for the deliberate assaults or criminal actions of their child. So especially if your child needs therapy or counseling, you can and probably should sue.

Third, you can discuss with the school district about having this other child transferred away from yours. (At least to other classes; preferably to another school.) Or alternately, possibly being suspended or even expelled for this act.

Fourth, you may be able to sue the school district if they were negligent in supervising the children. So if this child had assaulted other children before or had made threats against your child, they should have been keeping an eye on him; or if the problem was no one was monitoring children's wearabouts or knew where they were, and that's why the assault was able to happen, the school may be liable.

So you may have some lawsuits, and may need some help pressuing school or other authorities to take action; you should consult with an attorney about your options.


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