Sexual Assault in School

[AdviceNeededPlease]

What course of legal action can be taken for a sexual assault in school? School are aware. Student has been suspended under further investigation. Police have been contacted but have deferred back to school.

I’d be asking the police why they have differed back to school to be honest.
it’s a police matter firstly, schools secondly to deal with

That's what I thought tbh.

How can the police be made to take this seriously?

Get a lawyer. Schools shouldn't bve the judge in criminal matters.

What do you mean they have deferred to the school ? Surely it's a legal matter, and therefore not for a school to be dealing with. I would speak to the police and ask for an explanation.

Go back to the police it is not a school matter

Go back to the police. The school can’t do anything.

Make a complaint, process will be on that police force's website.

Is the perpetrator above the legal age of criminal responsibility? If yes it is a police matter. If no it is a safeguarding issue.

Go back to the police and press charges. There was a girl raped in a local school here. Boy was suspended but the girl was abused after in school mainly by the other girls. Calling her names, she was a liar etc. Her parents have pulled her out as her mental health is in tatters/ she is suicidal and are home educating. Boy has since returned to school.

CPS are prosecuting but these things never seem to get anywhere. It’s just awful for the girl and her family.

"Sexual assault" covers a massive area, if the police have said it a school issue I am assuming its something minimal?

Make an appointment to speak to the most senior officer in your area and if that doesn't make them shift their arses
, contact your local MP

Where are you?
How old is the victim and how old is the perpetrator?
What is the nature of the assault?

The law is different in different parts of the UK and varies depending on the answers to the questions above.

Thanks for that.

Everyone else, thank you so much for all the advice. Much appreciated. Will bow out now.

Oh, just one last post. It was serious enough that it was the school who got the police involved.

Ah yes, ‘minimal sexual assault’, that well known crime 🤔

I presume the perpetrator is another pupil? If so, I think the age of the children involved would be hugely relevant here OP. Are we talking 5 year olds or 15 year olds?

I think that poster was trying to gain some clarity (albeit a bit clumsily) over whether you mean a smack on the bum or a rape as both would be handled very differently although both should absolutely be taken seriously. You’ve been a bit vague though, so it’s hard to advise you properly as we don’t have enough of the facts to give the most accurate and helpful advice.

Just think for a minute before you type something. This is the OPs life and her kid has been sexually assaulted. She's asking for advice. This isn't a strange Mumsnet game, where the aim is accuse the poster of being unreasonable

In England, regardless of the age of the child, as long as a recordable offence has taken place then Police must record the crime. It may be worth speaking to the Police, asking for a crime number and details of what your child is entitled to as a victim of crime.

Really sorry if this was incensitive and did not mean to be. Sexual Assault includes kissing or touching of a bottom, pinging a bra strap etc.

It does depend on the age of the child. In England for example and child under age 10 can not be held to be criminally responsible. So if the child who committed a sexual assault was under 10 in England, it would be seen as a safeguarding issue, not a police issue.

1. Ask the police for an update and written explanation of why it was referred back to school as sexual assault is clearly a criminal issue.
2. Ask where CPS were notified and what their decision / thoughts were on the matter - again get this in writing.
3. Ask to speak to an officer from the Sapphire Unit (or equivalent where you are) - they should have access to Sexual Offences Liaison Officer for you to discuss with.
4. Escalate to the safeguarding officer in your force (every force as one)
5. Then write to the Commanding Officer to ensure this NEVER happens again.
6. Find out whether it's been referred to social services MASH/LADO.

Was evidence taken / photos? Were witnesses interviewed? Was the victim interviewed? Make sure you are clear you want an explanation of the process going forwards and expectations of what will the outcome be.

And, get some support for you, and the victim - it doesn't have to be immediate, but at least look up options in case you need it. Most importantly if you have a good relationship with your GP get them involved - they can escalate as well to both the police and social services.

I am very sorry you are going through this, it's horrendous.

@FitAt50 the police regularly don't investigate or progress many serious crimes for various reasons (often CPS) - you surely know this as it's been in the news a lot recently, with a particular evidence on sexual assaults, abuse and murder of women - perhaps go and check out the thread in Feminism on this very matter.

www.mumsnet.com/talk/feminism/4648441-a-list-of-seemingly-unbelievable-not-rapes-according-to-the-cps-and-juries

Did you report to the police separately from the school?

I’m sure most schools and teachers would act appropriately in their reporting. However there is a risk that they may be acting in their own interests which aren’t necessarily those of justice. For example if there has been a failure on the part of the school to safeguard.

I would push for a police investigation to happen first and foremost. But you need to be prepared for their investigation to end in no further action because they need to achieve standards of evidence that support a case for prosecution.

A school investigation doesn’t need this level of evidence and might result in an outcome that is of at least some benefit.

There are no easy options here. But you need to why these decisions are being made. For that the report must come from you.