If I am beaten and bullied by kids ages 9-15 and I am 17 am I allowed to hit back?
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If I am beaten and bullied by kids ages 9-15 and I am 17 am I allowed to hit back?
I have been getting beaten by kids on the bus, It has left bruising
and swelling, I have told the school about the issue and nothing has
been done. When I ride the bus I usually sit in my own seat and try to
relax on the ride home. I have recently been called names and hit by
multiple kids and it hurts. please help
Asked on May 25, 2018 under Personal Injury, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you are physically attacked, as you indicate you are, you may legally use an appropriate or proportionate amount of force to defend yourself and stop the attack: the law recognizes a right to self defense. However, some limitations:
1) You cannot use force in response to verbal harassment or online bullying.
2) You can only use force to defend yourself--that is, to stop an attack. You cannot use it to retaliate against someone for having hit you: if they hit you once then stop, you don't get to hit them back.
3) While you are not guilty if assault if you use force in self defense, your school may have "zero tolerance" for any violence and could punish you for defending yourself: just because something would not be a crime does not mean a school cannot disciline you for it.
Note that assault is a crime: if another student hits you you could file a police report and look to press charges.
If you are being bullied due to race, color, national origin, sex, religion, or disability and the school allows it, you may be experiencing illegal discrimination and you (or more properly your legal guardians, since you are a minor) could potentially bring an discrimination lawsuit; you might also be able to do so if this is sexual orientation-based bullying.
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