What to do if our 5 year old, autistic son was assaulted at school by his teacher’s aid?
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What to do if our 5 year old, autistic son was assaulted at school by his teacher’s aid?
The school called and said he slapped himself. Our child is left handed, injury of right side of cheek. CPS closed the investigation due to our son’s disability and no witnesses stating he was slapped. We have the metadata showing injuries on our child’s face. When he was slapped an identification impression was left behind matching the aid’s ring, 2 hearts and diamond cut under eye. We have pleased with local PD to press charges to no avail. The PD is refusing to send metadata off for review. The pictures clearly show not only slap impression of three fingers but also 2 heart impressions and diamond pattern cut that matches her ring I identified on her finger.
Asked on August 16, 2015 under Personal Injury, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1 If the local police will not take action, try talkng to their superiors or to the prosecutor's office directly--maybe one or the other will overrule them. However, at the end of the day, you can't force the authorities to act, and they may be acting becuse they feel the evidence is not strong enough to convict.
2 If your child suffered some long lasting disability or impairment, or you incurred significant medical bills, sue to the assault, you could sue for compensation. But the law only provides compensation for actual injuries, costs, etc. if, as we hope, your child is ok and did not need much medical attention, there'd be on point in suing--you could not recover any compensation, even if you won.
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