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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    My question involves criminal law for the state of: Michigan
    My 12 yr old son was assaulted by a group of kids at a park 3 blocks from my home. He and 2 other friends were playing when a group of kids ages 14-17 approached them, harrassed them, called them names. My son and his friends tried to leave but they grabbed my son pushed him around some, put him in a headlock, the 16 yr old boy told him that he couldnt leave until he performed a sexual act on him. They pushed him and forcefully tried walking him behind a building, all the time telling him what he was going to do (oral sex), this same kid also threated to hit him upside the head with a hard baseball that he had in his hand if he attempted to leave. My son was terrifed.
    When my son started crying, one of the girls that was with the group of bullys, told them to let him go, and thankfully they did, he is very afraid of this group and wouldve been traumatized for life!
    He came home, I called the police, filed a report and I will be filing charges on the 16 yr old. The detective says they probably will not be able to charge him with criminal sexual conduct bc the threat wasnt carried out (thank god!), but they will charge him with assault.
    My question is---
    What kind of punishment will this kid get?
    Can I get a restraining order?
    If anyone has advice, please help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    What kind of punishment will this kid get?
    He MAY get fines, probation, and/or community service. Unless he has priors (and sometimes even if he does), it's unlikely he'll see any lock-up time.

    Can I get a restraining order?
    Ask for a no-contact order as part of the offender's punishment.

  3. #3
    Join Date
    Sep 2009
    Posts
    4

    Default Re: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    OMG! I'm so, so sorry for you and your son. Please be sure your son attends counseling. This was terrifying and 12 is such a tender age. If you are unable to afford it, there should be programs in your area that offer income-based counseling you can apply for.

    Regarding the 16 year old, consult with an attorney, (most offer free consultations) to see what can be done. I would try with all my might to get some sort of penalty put in place. This is one dangerous teen who must be stopped. It is also likely that he has a past history of abuse himself which is why he is behaving this way. I would put in a call to CPS and explain exactly what happened and that you fear the teen may be a victim of current or past abuse. It's hard to say what will happen with CPS, if anything but at least you know you've done your part in attempting to stop a vicious cycle.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    I would put in a call to CPS and explain exactly what happened and that you fear the teen may be a victim of current or past abuse.
    DON'T waste CPS's time like this, and deprive children in actual danger of necessary services. CPS is not your policeman. Holy cats.

    OP, you'll want to speak with your county's Juvenile Prosecutor prior to the arraignment - s/he actually will probably contact you. S/he will apprise you of likely outcomes.

    My own son was assaulted last year by a pack of neighborhood bullies, and we pressed charges. The kid who busted up his glasses, iPod and bike, and left him with contusions requiring a trip to the ER? Got 1000 hours community service, had to pay restitution, no driver's license until he's 21, and a permanent no-contact order.

    You do NOT get to pick your son's assailant's punishment. You don't even get to make suggestions, short of asking for restitution for damages suffered (ER bills and such), and asking for a no-contact order.

    These things are handled case by case, and there is NOTHING to be gained by dragging CPS into it.

  5. #5
    Join Date
    Sep 2009
    Posts
    4

    Default Re: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    "...there is NOTHING to be gained by dragging CPS into it."

    Except perhaps freeing a minor, no matter how horrendous his behavior, of mentally damaging sexual abuse. Bullying (as in the "ipod busting" scenario described above,) is entirely different than the situation in the original post. With all due respect, I think Missy is completely missing that this involved threats of forced sexual assault by a minor, which is often an indication that the minor making the threats is imitating behavior he has personally experienced or witnessed.

    Until a few years ago, my FIL was the Director of Child Protection of our local field office. (He left to work for a similar organization that focuses more on child abandonment and custody issues.) I just ran such a scenario by him. He confirmed that in our local field office, they would have found such an incident (especially backed by a police report) more than sufficient evidence to open a formal report and assign a caseworker to begin a formal investigation into potential sexual abuse of the teenager in question.

    I'm sure the procedures vary by state, and I'm not saying I agree with everything they do, because I do not. However at least in my local area, they would definitely open an investigation. Although his actions were absolutely horrific, the teenager is showing signs of having experienced current or past sexual abuse. Again, a much, much different situation than ganging up on a child to physically damage him and his possessions. That is bullying, also a despicable act, but not a case for CPS.

    The threat of a forced homosexual assault by a 16 year old boy to a younger child is absolutely abhorrent, and he should be punished. However it is also a strong indicator that the 16 year old is "in actual danger and in need of necessary services."

  6. #6
    Join Date
    Sep 2009
    Location
    Yucaipa,Ca (so.ca)
    Posts
    35

    Default Re: My 12 Year Old Son Was Assaulted, What Will Happen to the Attacker

    I am so sick of bullies. When i was a kid a few bullies targeted me cause i was liked by the girls. Bullies should be sent to a boot camp for punishment. I hope your son is doing better but please understand that bullies have friends. Once i reported a bully & his bully friends harassed me big time. Good-luck!

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