Mother wants to charge boy who spat on her daughter with assault

A mother is ready to go to the police about what happened in her daughter’s seventh-grade classroom.

Since the fifth grade, a group of boys have been going on a rampage, constantly misbehaving and terrorizing their classmates without any consequences. After one of the boys spit on her daughter and the school did nothing, the mother decided escalation might be necessary.

The angry mother wants to press charges against a boy for spitting on her 12-year-old daughter at school.

“From about fifth place [grade]“There were boys at school who turned the classroom into a miserable war zone,” the mother wrote in her Reddit post. “Things like random outbursts, head banging, crude sexual comments.”

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Not only did she hear about this horrific behavior from her daughter – who gets headaches from the overly loud students – but she also witnessed it herself while volunteering at the school.

“The teacher warned me not to leave thumbtacks accessible when hanging things, otherwise the boys would grab them and start stabbing others,” she recalls. “She told me that she spent hours every week texting parents about this crap, and the parents were so unresponsive that she asked me if ‘Parents See Messages’ was even on the app.”

Although this is an ongoing problem, her daughter has recently been directly targeted.

“Something happened yesterday that went to the next level,” she wrote. “My daughter – now in her seventh year [grade] – told me that a child took a sip from his water bottle and then spit all over it as he walked by.”

“This is obviously demeaning and also has certain undertones that I find very disturbing,” the mother added.

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Although her daughter informed the teacher about the incident, the incident was not reported because “she knows the school will not do anything about it.”

Unfortunately, this turned out to be true. The school has always done the bare minimum to curb boys’ bad behavior and this situation was no different.

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The mother is considering filing charges of assault against the boy.

“I’m totally fed up and have no faith the school will do anything but [I] I wrote a message to the admin asking for help,” she said. “I came out and said I would refer it to law enforcement if they couldn’t handle it appropriately.”

“The only discipline I have heard of in the past is the school administration asking children to write ‘thought sheets’ reflecting on their behavior,” she continued. “If that’s the extent of the plan, I’m thinking about pressing charges or at least filing a report [a] because spitting on a person in California is a misdemeanor, punishable by a $2,000 fine.”

The mother would probably be able to do this. Laws vary from state to state, but spitting is generally considered assault.

According to Spodek Law Group, “In legal terms, assault refers to a person acting in a way that puts another person in fear of being harmed. It is threatening behavior that causes someone to fear physical harm.”

“Assault does not require actual physical harm or violence – just the threat,” they clarified. “As disgusting as it is, spitting on someone can be viewed as a physical threat.”

This mom insisted that spitting on someone is a misdemeanor in California, and it sounds like she’s right. Orange County Attorney William Weinberg said spitting “could be charged as simple assault.”

Whether the mother ultimately presses charges or the school steps in and disciplines the unruly students, she has one message: “Assaults shouldn’t be okay just because a child is in school.”

To some, it may seem harsh and excessive to charge a boy, who is probably also 12 years old, with assault. However, he has to learn that what he did is wrong. Something has to get through to these boys, and if it’s not their parents or school administrators, law enforcement may be more successful.

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Mary-Faith Martinez is a writer for YourTango covering entertainment, news, and human interest topics.