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Parent says daughter touched by boy at EPISD school but charges can't be filed

Published On: Oct 30 2013 11:14:26 PM CDT
Updated On: Oct 31 2013 10:52:02 AM CDT

A EPISD student says she was molested.

EL PASO, Texas -

A parent is complaining about his daughter being allegedly being touched by another student at Terrace Hills Middle School.

According to Anthony Walker, his 13-year-old daughter was sitting in her fourth period class on Oct. 24 when a 13-year-old boy asked her if she wanted a leg massage. She said no. Although a teacher was present, according to her statement, the boy then started to touch her breasts. She told him to stop. She says the boy replied:

"Okay, you want to play that game? And started slapping me on my thighs...He then forcefully began to touch me on my legs, breast and in my vaginal area."

Walker said he tried to press charges. But claims they told him, students can't be charged for touching over the clothes, nor can they be charged while on school property.

"This isn't right," Walker said. "That a young man can essentially go and do what he wants to to little girls at the school and as long as it's done over their clothes nothing is going to happen to him."

He said they also told him his daughter hit the boy with a brush. Walker says this was to protect her friends.

"If I press charges against this young man, then she would get arrested," Walker said. "If she gets arrested she's going to get victimized twice essentially. She's going to get finger printed, she's going to get photographed, charges are going to be filed against her, she's going to be kicked out of school."

Walker has contacted the county attorney, attempted to get a restraining order and even filed to have the boy removed from school but receives the same response.

"I'm heartbroken, there's a pain inside my heart that I cant get rid of every time I think about it," Walker said. "And it's a pain knowing that my daughter was hurt but it's intensified knowing there's nothing I can do about it.

Walker said his daughter told him two of her friends had also been touched by that same boy and he and their parents all complained to the school. The parents confirmed Walker's story.

The boy received three referrals and two days suspension.

El Paso Independent School District said "EPISD police services and campus administration have investigated the situation involving the students and have determined it does not meet the elements for a sexual assault."

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