Make bullying a crime? Lawmakers call for more action to deter torment
By Joe Duggan / World-Herald staff writer
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LINCOLN — She almost escapes to safety.


Home is just three doors down when the 13-year-old girl feels her long, black hair pulled from behind.


"“Freaking get away,” she shouts at her tormentor, a female classmate.


Then Frida Aguilera De La Torre absorbs the first of many blows in the Jan. 15 attack along a busy street in south-central Lincoln.


She fights back and prevents her assailant from pulling her in front of a van speeding past on South Street. But fury and a right fist soon send her to the sidewalk.


All the while, five other kids circle around, recording the assault with their cellphones, some sounding impressed as a big punch connects.


Twenty-five seconds later, it's done.


Except now, four months later, it's still not over for Frida and her family. And those 25 seconds captured on cellphone video may have started a more far-reaching discussion on youth violence and whether it's time to criminalize bullying in Nebraska.


Since 2009, state law has required public schools to maintain policies on bullying prevention and education for all students. State statute also lists bullying, including so-called cyberbullying, as one of the behaviors that can get a student expelled, suspended or reassigned to a different school.


But those laws apply to students while they're on school property or participating in school activities. And they don't cross over to criminal charges.


State Sen. Jim Scheer of Norfolk said he and his legislative staff are investigating whether bullying should be addressed in criminal statutes. Sen. Al Davis of Hyannis also has expressed interest in potentially sponsoring legislation related to bullying.


The 13-year-old girl who threw the punches on the video has been charged in juvenile court with misdemeanor third-degree assault.


But Scheer said he's bothered that the five who documented the attack with their cellphones apparently face no consequences.


“They weren't just spectators if you listen to the audio,” he said. “From a societal standpoint, they share some responsibility for what happened.”


Police found no evidence that the other students — two girls and three boys — participated in the assault, so they were not ticketed, said Officer Katie Flood, Lincoln police spokeswoman.


Frida, an eighth-grader at Irving Middle School, told The World-Herald she had never been bullied before the day of the assault. Frida also said she and the girl had no prior history.


Frida speculated the girl who punched her felt disrespected by a comment Frida had made to a friend when all three were in a school bathroom earlier in the day.


The girl and her friends followed Frida as she made a roughly 10-block walk home. The girl tried to get Frida to fight several times — including by throwing rocks at her — but Frida said she refused.


The assault left her with a bloody nose, bruises on her cheek and a large lump on her forehead. She did not seek medical attention, said her mother, Dolores De La Torre, because the family lacks medical insurance.


The mother and daughter also lack legal immigration status, but they are seeking a four-year visa provided to victims of violent crime. The intent of the visa is to remove the threat of deportation for victims so they will cooperate with authorities, said Rachel Yamamoto, an Omaha attorney who is assisting with the visa application.


Thomas Inkelaar, an attorney with offices in Lincoln and Omaha who represents Frida and her family, said his client feels she has been bullied since she returned to school. The assailant and her friends frequently aim angry looks at Frida, and at least one other student made fun of her for getting beat up.


“I felt like I was going to start crying and everyone was going to look at me, so I went to the counselor's office,” she said, recalling the incident that occurred in a hallway days after her return.


Her mother and a brother now make sure she has a ride to and from school every day. At school, Frida regularly meets with counselors to help with the anxiety and fear she continues to experience. Her friends and teachers have been supportive, she said, but she no longer feels safe as she once did.


Her mother said Frida has never had disciplinary problems at school and earns good grades.


The girl charged with assault is represented by Legal Aid of Nebraska. Pat Carraher, managing attorney for the office, declined to comment about the case when contacted Friday.


Although video of the attack did not surface on social media, Inkelaar said some of the students shared the video via text message. Hours after the assault, Frida's mother got a phone call from a co-worker who had received one such text.


School officials won't discuss what, if any, disciplinary action they have taken against the students who made the videos, Inkelaar said.


“(Frida is) panicking, she's basically being bullied on school grounds, and I don't think the school did enough investigation into the cyberbullying,” Inkelaar said. “The bottom line is we're looking for some accountability.”


School officials said they cannot discuss specifics of the case to protect the confidentiality of the students involved. But the school follows a clear protocol in dealing with assaults or bullying between students, whether it occurs on school grounds or not, said Russ Uhing, director of student services for the Lincoln Public Schools.


The protocol includes investigating incidents, talking to parents and if necessary, providing counseling to both perpetrators and victims. School social workers also can help connect families to counseling services outside of school.


The goal is to help all students learn the importance of respecting others while ensuring school safety, Uhing said.


“In today's school, it's not OK to be verbally or physically disrespectful,” he said. “We're going to do what we can to prevent it, and if it happens, take appropriate steps.”


Inkelaar said based on Frida's experiences, he's not convinced that enough is being done. That's why he approached state senators with the idea of drafting legislation to make bullying either a misdemeanor or felony offense, depending upon the severity. Such a law could allow prosecutors to address cyberbullying, he argued.


A total of 14 states have laws on the books that criminalize bullying, according to the Cyber*bullying Research Center. In Iowa, the charge of criminal harassment is a misdemeanor and includes cyberbullying.


Traditional punishments and zero tolerance policies are not the best way to address bullying, said Susan Swearer, psychology professor at the University of Nebraska-Lincoln, who is a nationally recognized expert on the subject.


“We know that many youth who bully others are bullied as well,” she said. “Criminalizing a behavior that is complex and influenced by multiple factors is not best practice.”


Swearer advocated for legislation to create school-based mental health centers providing the kinds of interventions proven to reduce bullying.


Dolores De La Torre, Frida's mother, said she wanted to talk about their experiences because she didn't know how else to protect her daughter. Watching the video of the assault is the hardest thing she has ever done, but she hopes it can bring about good.


“I can't change what happened to my daughter,” she said. “But maybe we can change what happens to other kids.”


Frida Aguilera De La Torre was beaten by a classmate Jan. 15 as she walked home from school, while five others captured the assault with their cellphones.

http://www.omaha.com/article/2014041...-deter-torment

There are pictures and a video of the assault at the link.