Child Received a Sexually Explicit Text and Proposition From Another Child

My question involves juvenile law in the State of: CA

I can't resolve the issue with the girls parents of a 12 year old girl turning 13 who sent my 11 year old son text of very graphic descriptions of sexual acts, and emoji picture depicting oral sex.

Quick story, my son received text from a girl that where very detailed if he wanted to "F--k, have oral sex" and more. My son has not stoped asking what all this stuff means. It also included emoji picture depicting oral sex. My son said stop in all his responses and please don't send me things like this. The parents read her emails, but never addressed the damage my son has occurred. Since we where in a carpool ride with the girl to school my son let it be none he was uncomfortable being around her. A few days later they pulled the girl out of the school. I did file a complaint with the school, but because she left the school said they could do nothing about it. I gave up and moved on thinking we would never see them again. 3 weeks later the girls shows up at an after school class my son as been attending. The parent knew my son was going to the class but did not care about his feelings. The school was made aware of the issue but coward out and said they could do nothing about having the girl in his class?

I am trying to file a police report but they are not helping. My son is the victim and can't get any help to keep this girl away from him. I have temporarily pulled my son from the after school class because he does not want to see this girl.

Lost for help, because my son deleted most of the text I can't get the police to get a warrant on the cell company to view them.
I was told I can't get a restraining order to keep her away, I was told they will not issue a protective order on a minor.

What rights does a minor child have to?

John

First off, how many such emails are we talking about? Over what period of time? Have they stopped since the girl was told to stop?

The problem with a police report is that this is not necessarily a criminal offense for a couple of reasons - not the least of which has to do with the ages of the children. Rude and crude is not, by itself, criminal. The police MIGHT be able to take a report, but it would do little more than document what the parties had to say since it may not be a crime at all.

The school may not be able to address the issue unless it occurred at school or on the way to or from school.

And even if your son had not deleted the text/email (which is it?), in CA we cannot generally obtain a search warrant for misdemeanor offenses that are not property crimes (with a few exceptions - and annoying and harassing communications is not one of them). If the communications have ceased, that would pretty much leave the police out of it.

As for a restraining order, yeah, that is unlikely as well - especially if the communications have ceased.

Thank you for your reply:

The text happened over 1 weekend. My son ask her to stop multiple times, and she continued. As soon as I learned about the text, I blocked her number. He has not had contact with her until her parents enrolled her in a class he has been attending. I feel like the mother is almost using her daughter to stock my son. She is aware that he was in the class, but she still brought her daughter. We told them many times we do not want our son to have any contact with her. Sad since he has known her since he was 2.

We sent an email to the parent telling them we wold file a police report if they wish to bring their daughter around our son. We did not hear back, until tonight. They finally responded and said they will keep her away from the class and our son. I hope they live up to there words.

Its sad that the system will not protect such a young child. He is only 11, and look how much energy I had to use.

The heavy hand of the judicial system is not intended to supplant proper parenting, nor to smack young children around. There is simply not the resources or the will to use the police and the courts for such things. Children often do stupid things. The WHY of it might be of interest, but, by itself, the WHY is not going to get the police involved, nor should it. And, in CA, a child under the age of 14 is not generally considered competent to commit a criminal offense absent some additional inquiry (which the police, the Probation Department,the Prosecutor and the courts are not likely to delve into for this sort of thing).

To take it a step further, if the police were to get involved in every nasty message sent on social media, every tentative threat or harassing message spoken or transmitted, the system would collapse. Hardly a day passes in the small community where I spent much of my career where a junior high and/or high school student or three did not allege some form of harassment from a fellow student. Most of these are not remotely criminal, and those that ARE technically criminal tend to be resolved by the school, the parents, or the parties involved rather than having to go to court. It can be like swatting a fly with a shotgun.

As it is, it sounds as if the matter has been resolved. That was the desired result in the first place, was it not?

And, you may consider that at age 11 your son is not yet at an appropriate age for having a phone capable of accessing the internet or text messaging. There are far worse things he could be exposed to with a smart phone than suggestive texts to maybe he should wait a while longer.