The parents of a under 15 years old who allegedly suffered a sexual assault by two classmates institute in Cervera (Lleida) have presented a complaint against the Generalitat for not investigating this crime and withdraw custody subsequently of the minor unfounded reasons.
As the family’s lawyer, José Antonio Sires, from the Sevillian law firm Sires Abogados, explained to EFE, the complaint is based on the decision of the General Directorate of Child and Adolescent Care (DGAIA) From the past July 25, when he issued a resolution ordering the removal of the minor and his admission to a juvenile center, without having apparently investigated the abuses committed since last January 24.
The events would have occurred as culmination of an ongoing case of bullying allegedly by two students who were in the third year of ESO, and the abuse occurred in a classroom of an institute of this Catalan town.
The parents reported to the Mossos that several students had done touching his son, Therefore, proceedings were opened and the case was transferred to the Lleida Juvenile Prosecutor’s Office, indicating in the complaint that the minor was cornered against a window, stripped naked against his will and was victim of touching.
The situation caused the minor I didn’t go to class for two weeks, but when he returned the harassment situation was repeated, which It did not stop after the class change of the aggressors, So the parents decided to transfer their son to another institute.
Despite being in another school, one of them followed him and the mother had to accompany her son through fear of being attacked and even filed a complaint with the Local Police, since “he even went to the door of his house, where the mother took photographs of the minor hanging around the area,” although upon making it public, Education reported him to Childhood for helplessness due to an alleged “overprotection” and guardianship was withdrawn.
After studying the background and of the documentation that appears in the administrative file of the DGAIA, has been presented criminal complaint, given that these behaviors “cannot be considered unpunished and much less acceptable in a juvenile center where children are supervised by the public administration.
Likewise, the Juvenile Prosecutor’s Office is requested to intervene to determine the situation of the minor in the center where he is located, as well as a civil liability and for the moral damages caused.
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In view of all the evidence presented, “it is proven that the vulnerable situation of the minor has never existed, the bullying suffered over the years being the only thing that the minor has suffered and not the existence of risk in the family environment”.
Sires Abogados has filed an appeal against the agreement provisional help through a lawsuit to the family court, as well as a criminal complaint for an alleged crime of omission to pursue harassment crimes and sexual assault, against the educational center and against the zone inspector of the same institute.