A Tulsa mother says a nine-year-old boy forced himself on her daughter and made sexual motions while riding the school bus.
The mother of the victim contacted the FOX23 Newsroom wanting to know why police do not consider this a sex crime.
The alleged incident happened between three nine-year-old students from Anderson Elementary in the 1900 block of E. 29th St. North. on a school bus two weeks ago.
The mother of the 9-year-old says she has not been told what is going on in the case and she wants her daughter protected.
To protect her daughter, the mother did not want to be identified.
"A little boy and she told me his name, put his arm around her but then got in front of her and started moving up and down on her,” said the mother.
The girl says she tried to fight him off by crossing her arms like an X and pushing him off of her body.
"Another little boy came behind him and started helping him commit the act,” said the mother.
She says her daughter was traumatized and missed four days of school after the incident. Then the school sent someone to bring her daughter to and from school so she wouldn’t have to ride the bus.
Two weeks later the mother says the nine-year-old boys are back at Anderson and she’s concerned.
"Not only is my child a victim but I’m looking out for the next victim,” said the mother.
The Tulsa Public Schools Police Chief says campus detectives investigated the case.
"There is a crime that has been committed, its assault and battery it doesn't rise to the level of a criminal sexual assault,” said Chief Gary Ruddick.
Under what age a person can be charged with a crime, officers say the Oklahoma statute
proving a nine-year-old committed a sex crime is a grey area.
"At nine-years-old if he doesn't know this is a crime and he doesn't know the seriousness of it, punishment is like what are you doing, I didn't do anything wrong. Why are you mad at me?" said Ruddick.
"I'm thinking at nine years old, children know right from wrong and you know whether or not you should violate someone or not,” said the mother. Oklahoma’s molestation
law states the suspect has to be three years older than the victim.
In this case, the victim and suspect were both nine-years-old.
“We can commit the crime but we can’t be held responsible, that’s a shame,” said the mother.
The chief says what is important is looking into what motivates a child to act out sexually.
“We are trying to find out why is this boy is acting this way, why would a nine year old act this way?” said Ruddick.
Chief Ruddick says when a felony crime is not committed, administratively they can take the boy out of the school, suspend from school and or bus or separate him.
The District would not tell FOX23 News the boys’ punishment but the mother says they the boys were not at Anderson Elementary for a couple of weeks and they are not allowed on her daughter’s bus.
Anderson Elementary principal was not there when FOX23 News called the school on Thursday.
The TPS Chief says the case has been forwarded to the juvenile courts as a misdemeanor assault and battery.