Myson touched a girl in school (elementary) after she gestured sexual – can he be arrested? Chicago, ILL

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Myson touched a girl in school (elementary) after she gestured sexual – can he be arrested? Chicago, ILL

The mother of the girl filed a report.

Asked on May 6, 2009 under Family Law, Illinois

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT, not IL, however, I practice criminal law.  I am not sure how old your son is, however, i am sure that the school is going to get involve and take this very seriously.  As for an arrest, I am not sure if they will take it to that level.  Rather, the school may expell your son where he will have to go to another school.  However, i am sure that there are ways to get all the parents in the room and have them understand that your son meant no harm and to chalk it up as a bad day to avoid having either kids be embarrassed.  Nevertheless, the school is going to be afraid that the girl's mom could sue them if this happens again.  Therefore, I would expect the schoo to take the most serious action here not the police.  I would check with a lawyer that deals with juviniles to determine the age that they prosecute minors.  You did not tell me your son's age so i am not able to give you a definitive anwers.  You should arm yourself with a lawyer, especially dealing with the school to avoid an expulsion.


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