What is a bully?

A bully is someone who uses real or perceived power to attack anyone below the age of 18 years. This can be through spreading false rumours, insults, physical attacks or intentional alienation. This includes bullying over the internet referred to as cyber bullying.

If a child is being bullied at school, the child, parents or legal guardians can bring a criminal charge against the bully at the South African Police Service (SAPS).

Can a bully be arrested?

Although bullying starts at a very young age, only bullies over the age of 10 can be arrested. This is because children under the age of 10 do not have criminal capacity and, therefore, cannot be held criminally liable. Other action will have to be taken including referring the bully for therapy.

However, arresting a bully over the age of 10 is usually the last resort. While the bully will be held accountable for the bullying, the aim of the law in this situation is to rehabilitate the child and not just punish him or her.

In instances where the child bully is arrested, he or she must be detained away from adult detainees and must be assessed by the probation officer and taken to court for a preliminary hearing within 48 hours.

What Are My Other Options?

      1. Sue Your Child’s School

Your child’s school has the responsibility to ensure the safety and well being of its scholars. Therefore, you can sue the school for any damage, injury or loss suffered by your child in a public school, especially if the school knew your child was being bullied but did not intervene.

    2.  Apply For A Protection Order

In accordance with the Protection from Harassment Act,  your child can apply for a protection order against a bully or you can do so on his or her behalf. This is because bullying, including cyber bullying is considered a form of harassment. Find out how to apply for a protection order here.

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