My 14 year old ds was 'jumped' by three boys at the beginning of May which led to two of them being charged with common assault. They plead not guilty and now my ds has to testify at their trial. He is now saying he doesn't want to testify. At first we thought he didn't want to be a 'snitch' but after a heart to heart, he said he is worried they will be found not guilty. It was the choice of the police and CPS to charge him and I would like to understand what is the definition of common assault and how they make their decision to take something to court so I can answer the questions my son is asking. We would both like some reassurance that the right decision has been made because I don't want to encourage him to go through a trial to end up with nothing. It would devastate him and I think send a very bad message to the other boys. I have got in touch with witness care but they have not responded.
Let me explain the story as briefly as I can. My ds had been very tounhappy at his first secondary school. He wasn't exactly being bullied but he did have trouble with a large group of boys and didn't have close friends to make him feel more secure. He begged us to let him move to a school in a neighbouring town where he had friends from his football team. He moved in February and seemed much more relaxed and content.
One Sunday at the beginning of May, he had just got off the train after visiting friends when three boys from his old school stopped him. They said they wanted him to call a mutual friend as they didn't have his number. He did but the boy didn't answer and he went to leave. One of the boys blocked his way. He asked him to move a couple of times but he wouldn't. Eventually he tried to push him out the way but at that moment found someone punching him in the side of the head. The two boys set about attacking him and the third eventually joined in. He eventually managed to get up and walk away at which point he was stopped by two ladies who had witnessed the incident from their car. They called the police because they thought the boys were coming back and were worried. They later told the police at first they thought the boys were kicking a bag on the ground and then realised it was a boy (my son).
The police told my husband to take him to a and e. His only injury was a hairline fracture to the nose. He is lucky but it's a worry because he plays a lot of sports and his nose is now fragile. Anyway, the police officer then came to our house that night and said they would proceed regardless of our wishes because there had been a complaint from a member of the public. The police officer suggested some type of mediation or restorative justice might be used. We were very surprised when we were later told two would be charged with common assault.
I have tried to keep the story brief but accurate. Does anyone with knowledge of these things think the police/cps were correct to charge these boys ie are they likely to achieve a prosecution? IMO these boys are not children any more, they are strong young men (one of them is 16 and the other two are 14 but they are big lads) who can do serious harm and they need to know this. I think they decided to jump him because he was longer at the same school so they believed they couldn't get punished.