Is this consided provoked assault.

[Jnq541]

okay so story. so there a guy ( let's call him bab ) and a girl ( let's cal her jo).
okay so bab has been verbally bullying jo for about 2years. well they been in different classes at school. they both in middle school
now their in the same class.
bab always calls Jo names and bothered her non stop. bab sits next to Jo in class. The students can't chose their own seats.
at some point bab was in back of jo in line.
( the students at school form lines with the class their in. The teacher chose where students go. The students can't switch spots in line ) and bab bothered her even more so one day she couldn't handle it. She hit him in the
Balls. Bab Friends (2) also started bothering her. she hit them too.
jo doesn't want to tell the teacher about the bullying bc bab has threatend Jo that if she tells, he'll tell the principal that jo has been hitting them in the balls.
bab keeps bothering Jo. but jo stays quiet.
jo doesn't react anymore.

So if bab tells on jo can she be sent to juvie?
is this considered provoked assault?
Will she be charged?

 

[CdwJava]

How old are the children?

The odds of Jo being criminally charged for kicking a boy that is annoying her is unlikely - especially if it happened some time ago. And if they are too young, it's possible that they are generally considered too immature to face the consequences of criminal actions without some further inquiry. But! The SCHOOL can take administrative action against one or both of the children - and any of their friends that were engaged in bullying behavior.

If Jo remains silent, then the bullying will almost certainly continue. And if she hits Bab or anyone else in response and then tries to claim an ongoing pattern of harassment that the harassers deny, her claims will likely be seen as being without any substantial merit and disregarded.

 

[army judge]

okay so story. so there a guy ( let's call him bab ) and a girl ( let's cal her jo).
okay so bab has been verbally bullying jo for about 2years. well they been in different classes at school. they both in middle school
now their in the same class.
bab always calls Jo names and bothered her non stop. bab sits next to Jo in class. The students can't chose their own seats.
at some point bab was in back of jo in line.
( the students at school form lines with the class their in. The teacher chose where students go. The students can't switch spots in line ) and bab bothered her even more so one day she couldn't handle it. She hit him in the
Balls. Bab Friends (2) also started bothering her. she hit them too.
jo doesn't want to tell the teacher about the bullying bc bab has threatend Jo that if she tells, he'll tell the principal that jo has been hitting them in the balls.
bab keeps bothering Jo. but jo stays quiet.
jo doesn't react anymore.

So if bab tells on jo can she be sent to juvie?
is this considered provoked assault?
Will she be charged?

Jo should start by telling EVERYTHING about these incidents to her parental unit(s)!

Her parents or guardians will decide what to do.
As CDW JAVA said, Jo and Bab could get punished by school authorities.
As Jo and Bab are middle schoolers (likely 11-13 years old), criminal charges are unlikely.
But, things can get out of hand, if this doesn't stop.
Everyone should keep their hands and feet to themselves.
Violence never solves anything.
More than likely school authorities will lecture both parties, instructing each party to stop interacting with each other.
Now, off you go, tell mommy and daddy right away.

 

[mightymoose]

This would not go beyond school discipline. She should definitely report the bullying if she wants it to stop.

 

[disagreeable]

AJ let me correct a sentence for you.

Everyone should keep their hands and feet as well as their opinions to themselves.

 

[ElleMD]

Why would Jo not report it to somebody; teacher, parent, administrator, guidance counselor, lunch lady, etc.? If she never complains or reports it, it isn't going to stop. Why would it? Bab *may* not even realize the conduct is truly unwelcome as middle schoolers are notorious for their warped to non-existent social skills. There is never an excuse to physically assault someone and that does tend to be taken much more seriously by schools than verbal jabs. Any excuse that starts with pointing the finger at the other party is a non-starter. I don't know who you are in all this but Jo needs to speak up, tell Bab to stop, if he doesn't report it, and keep her hands and feet to herself. If you are an adult witnessing all this behavior, you need to pull Bab aside and explain proper human social interaction and the consequences if it continues.