Mother suing school for child's sex assault
NORTH MIAMI, Fla. (WSVN) -- A mother is taking legal action against the school board after, she claims, her son was sexually abused by another student on school grounds.
The mother of a young child filed a lawsuit against the Miami-Dade County Public School District on Wednesday after, she says, her son was sexually assaulted inside the Benjamin Franklin K-8 Center. "When a school knows that students are being sexually harassed, they have a duty to make sure that they have to protect these students," said attorney Jeff Herman.
The lawsuit alleges that the incident took place during the 2012 school year. The first time was at the soccer field, the second time was inside the building. "The little boy was in the bathroom, and the older boy followed him in and sexually assaulted him, grabbed his privates and performed oral sex on him," said Herman.
The mother said, through her attorney, that she notified the teachers and principals about the incident but nothing was really done. "My son stopped wanting to go to school because of the harassment and bullying he was forced to endure almost daily," said Kayla Repan, who read the mother's statement. "He went to his teachers for protection, but when they continued to do nothing he felt like no body cared."
The alleged victim and child that committed the assault are both young. Police said no one will be charged in this case because there was no criminal intent to know what was going on.
The family's attorney said the school district should be held responsible. "He is an emotionally disabled child to begin with," said Herman. "Being sexually assaulted made his life more difficult. He is afraid to go to school and has been in therapy on a weekly basis since this happened. He continues to get therapy, and hopefully his healing will begin. He has a long road ahead of him."
Parents said the allegations should be taken seriously. "They should defiantly follow through it. If there is any accusation, they should defiantly follow though it," said parent Linda Jean-Pierie.
The victim still attends the school. The child who committed the sexual acts is no longer at the school.
Miami-Dade Schools released a statement to 7News which reads: "The district has not yet been served with the lawsuit, and we do not comment on pending litigation."
The family is asking for $15,000 in damages.
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