The boy said he was forced to perform oral sex on the classmate, ‘J.R.’ who warned him, ‘If you don’t do this, I’m gonna hurt you,’ the report says.
The boy’s mother contacted Rebecca Dinda, principal of the Downtown Miami Charter School the boys attended, according to the lawsuit.
Ms. Dinda assured the mother ‘the assault would not happen again and that the two children would be separated and closely monitored.’
But the attorney for the boy’s mother, Jeffrey Herman, said the bullying and threats continued, followed by a second sexual assault in a school restroom.
‘They have a duty to prevent that harm from happening with these little kids,’ Mr Herman told reporters. ‘The school failed miserably.’
The younger boy’s mother said ‘John’ attempted suicide twice after that, once by deliberately standing in traffic with his eyes closed and another time by sticking a metal hanger in an electric socket.
According his mother, the boy, only identified as ‘John,’ is undergoing counseling, having difficulty sleeping and making friends, and is taking medication.
‘It has been a nightmare, and I would not want anybody to feel the way I do,’ she said.
Fort Lauderdale, Fla.-based Charter Schools USA Inc., operator of Downtown Miami Charter where the incidents occurred, are named in the lawsuit, as well as the bus company and driver.
Attorney places the blame squarely on the negligence of the school, claiming that at 11-years-old, it is not clear if ‘J.R.’ is aware that he did anything wrong and that he is also undergoing counseling.
According to the Mail, it is unclear if Miami Police Department is investigating at this point, but Herman is seeking millions for his client.
“There will be big damages in this case. His life will never be the same,” he said.