I'm starting a Part 2 because I'[m sick of typing out a response and having the thread closed when I try to submit it!

There doesn't need to be an intent to cause physical harm. Per the Texas code, there only has to be 'intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.'

It's impossible to believe that a 12 year girl wouldn't know that someone would find being stripped of their clothes and exposed in public offensive. It doesn't matter what did or didn't happen in an earlier incident. That's the kind of legal argument that might work in a written defense but no Family Court judge would buy it. A 12 year old wouldn't get a jury trial or all these motions, anyway. She'd get a closed Family Court hearing and she'd be found guilty. She would probably just plead guilty. The judge is bound to ask her how she would feel if someone pulled down her pants in front of her schoolmates and it would take some nerve to tell him or her that she wouldn't mind if it was done to her. If she tried that defense, it would just tick off the judge. Now, if the girl is mentally challenged, then I suppose it could be successfully argued that she lacked the capacity to understand how her actions would be perceived. Even then, she still committed the crime and it IS a crime.

And really, whether some fast talking lawyer can get her out of it isn't the point. It's 'inappropriate' if a two year old pulls down the diaper of another 2 year old on the playground. The toddler would have to be taught that it's wrong to pull off someone else's clothes. It's more than 'inapproprite' if a 12 year old does it. A 12 year old should know that it's offensive.

I think devinmom made a really good point. I don't think anybody wants to see a 12 year old girl hung out to dry for a mistake in judgement but the OP's son deserves better justice than a worthless in-school suspension. He was violated and the girl (and other students) need to be made aware that attacking other students won't be tolerated. They won't get the message if all they receive is a slap on the wrist.

Where does it stop? 'Inappropriate' if done to a 12 year old but a crime if done to a 16 year old? Some 12 year olds are more developed than 16 year olds so that won't work. 'Inappropriate' for one student to strip another but a crime for a group of students to do it? That still means the strong can control the weak. 'Inappropriate' for a girl to do it but a crime if boy does it? Fair's fair. We all know that if a boy had pulled down the underwear of a 12 year old girl, he would have gotten much worse than an in-school suspension.

If the school had handled the situation fairly, the matter would probably be settled already. I hope that the school rethinks the girl's punishment and at least gives her an out of school suspension. The in-school suspension is an insult to the victim. It would be an expulsion offense in many schools! Hopefully, a real suspension would satisfy the OP and no further action will be needed, If it doesn't though, she'd be well within her rights to pursue the matter further. After all, her son was victimized and the girl is old enough to know what she did was wrong and that it could 'reasonably be believed' that would be considered extremely offensive by the victim.

The bottom line is that any child of any age or gender should be able to go to school without being humiliated. Pulling off someone's clothes is a physical attack (even if it's a sneak attack) and shouldn't be tolerated.