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Grade School Students Accused Of Sex Assault Will Not Face Charges

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CLEBURNE (CBSDFW.COM) - A five-year-old girl says she was sexually attacked twice by two boys in a school bathroom, but police have closed their investigation because the suspects are too young to face criminal charges.

The sexual assault allegations stem from the mother of the alleged victim, who contacted police and the local newspaper late last week.  She says her daughter complained of being assaulted by the two boys in the bathroom of Santa Fe Elementary School in Cleburne.  The five-year-old told her mother that the boys “held her down and did things to her.”  The kindergartener said the boys also assaulted four other girls.

As of Tuesday, Cleburne Police confirmed the investigation was closed because the two boys accused in the case are too young for criminal prosecution.  The boys are either five or six years old.

“The investigation has been closed as of today because of the age of the children involved in this case,” said Detective Kelly Summey.  “The age of criminal responsibility in texas is 10 years old.  All these children are under that age. It has been referred to Child Protective Services.”

Letters were sent home Monday to parents of Santa Fe Elementary students, informing them of an alleged sexual assault of a student by another student, which was reported to campus administrators on January 10.

In a letter from Principal Wilmer Romero, parents were told that the Cleburne Police Pepartment and Child Protective Services were immediately notified Friday, as were the parents of the children alleged to have been involved in the campus incident.  The district has also begun an investigation and is working with the police and CPS officials.  Santa Fe parents were told that the safety of their students was of the utmost importance, and were also requested to notify the campus principal, assistant principal or counselor of information they may have relating to the matter or any concern their child might have as a student at the campus.

Defense attorney Jerry Loftin Sr. told CBS 11 by phone he would be very skeptical that boys of that age would be physically capable of sexual gratification during an assault. But Loftin said, with any sexual contact it is entirely appropriate for CPS to investigate and there would be legal options in the juvenile system to deal with the boys if needed.

(©2014 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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