Is bullying or harassment a crime?

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Question:

My 4th grade daughter rides the bus to school. She is well-developed for her age. One of the boys on her bus is “Robert.” Robert has bullied her into lifting up her shirt on the bus. It hasn’t gone any further yet, but my daughter is still traumatized and doesn’t want to go back to school. Is there anything we can do legally, or is Robert safe because he’s a juvenile, and is the school safe because they are a school?

Answer:

First, please accept our sympathy. This is a very hard situation for any parent to deal with, and a very unfair thing for any child to have to endure.

Fortunately, you and your daughter do have recourse. To begin with bullying sexual harassment may be a crime. The fact that it often involves some amount of force or the threat of force, or repeated behavior that rises to the level of stalking, is what can make it so. Since Robert is a juvenile, he will presumably not be tried or sentenced as an adult—but if his behavior rose to the level of being criminal, you can press charges and he will likely face some consequences.

Also, some states have passed laws dealing specifically with bullying, since it has become such a cause for concern.

Further, harassment, assault, intentional infliction of emotional harm, and possibly bullying (depending on state law) are all things that you can sue for. In this case, you would be suing the parents over the actions of their child.

Third, if the school had reason to know or should have known that Robert was bullying your daughter, or if school personal (such as the bus driver) failed to supervise the children properly, the school may also be liable.

Bullying sexual harassment is a serious matter, which the law takes seriously. You should consult with an attorney, to decide what claims or causes of action you may bring and to get that process started. Robert and his parents should probably be consulting with attorneys, too, since he and they can experience serious consequences.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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