Legal Question in Sexual Harassment in Michigan
A 2nd grader molested a Kindergartener in school. What are the rights of the victim vs. the rights of the molester as they are obviously a victim too? What should be done by law for the victim so they are safe??????
1 Answer from Attorneys
I'm not sure what you mean by rights. A victim of any crime has the option to file a police report and request that charges be pursued against the criminal. You don't know that the molestor is also a victim, and that is not your concern if he/she is not your child. The school likely has it's own policies on how to handle a situation such as this. It is one thing if the molestor admits to it, and/or pleads guilty in a juvenile court; and another thing if the molestor denies it or is never charged - then there is no conclusory evidence that he is a molestor. The school would need to remove the molestor and/or take steps to ensure they were not on the same premises (such as if the victim's parents wanted him moved to a different school for the victim's own peace of mind) - or the courts would do that as well, either through a criminal case or a restraining order filed by the parents of the minor child.
The school must be immediately notified of the incident; otherewise they are not required or obligated to take any action if they have no knowledge of it. The victim's parents should seriously consider filing a police report and requesting criminal prosecution, if they have not done so already.
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