My question involves criminal law for the state of: New York

Hello,

My son is 17, autistic and needs constant care. His cousin is 11 and is aware of his condition. One weekend, me and my husband left him at his cousins and when he returned his behavior had regressed; he now sleeps with the lights on and wears a diaper.

A video was posted on his cousin's YouTube channel (since deleted) called "bullying a retard". My son was pinned and sat on the neck, his cousin said he wouldn't let go until he repeated a vulgar statement about me and my husband; when refused he was spat on in the face. My son has regular panic attacks met with screaming and when this happened, his cousin muffled the screaming by wrapping his legs around my son's throat. My son passed out from the pressure and urinated himself. The video was seen by most of his school which has caused great embarrassment.

The video lasted for an unnecessary 8 minutes and me and my husband are seriously considering suing (we have a copy of the video). Before spending money on lawyers though, we want to know what kind of case we have here and what chance we would have in court.

Best wishes.