Assault & Battery Assault against a child

[confused60]

My question involves criminal law for the state of: South Carolina

I have a ten year old son who was visiting his 25 year old sister. Her 40 year old roommate put a choke hold on my son. These are his exact words..

" mom P****** put me in a choke hold and it made me feel cool and weird"

while he is telling me this he is demonstrating by closing his eyes and moving his body in the way that is appropriate for what he was saying.

After P****** finished the choke hold he asked my son " did you notice I let you breath while doing that"

I need advice on how to handle this. Of course the roommate is saying it is not true and my son is exaggerating. And unfortunately my daughter and her husband believe him.

My son would not have known how to make this up what should I do?

If this would be considered assault would it be a misterminer or a felony?

Thank you
confused60

 

[jharris352]

It would be a misdemeanor most likely. It sounds like he was playing with the boy or showing him some wrestling move and there is some miscommunication. If your son was not hurt I would not try to make a federal case out of it. I would not let him return to that house unsupervised though.

 

[army judge]

If you value your child's life, keep the little lad away from that house of horrors.

The child could require counseling after that disturbing episode.
Speak with his primary care physician and see what the medical opinion is.

This wasn't just a game.
This is what some sexual perverts do when they engage in sexual activities.
This is really freaky, dangerous, and disturbing.
It is also very deadly!
I can't imagine why a 40 year old would do that to a 10 year old.
Oh, yes I can.
And, believe me, it isn't a very nice thought it gives me.
You don't want to make too big of a deal about it, because your son might be traumatized over it.

 

[mightymoose]

What you describe does not sound like a "choke" hold, but more like a popular control hold that compresses the carotid artery in the neck and restricts blood flow to the brain. This technique causes a person to briefly lose consciousness if done correctly, but produces the symptoms you describe if released in time.
It is possible some fool was using your son as a test subject... but no way to prove it.
i too would believe him since he wouldn't have the knowledge to come up with something like that on his own. I could be totally wrong, but that is what I would be suspecting.
Your simplest solution may be to not allow your son to be in his presence anymore. Fortunately he is okay... move on and keep him out of harm's way now that you know something is up.