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A 16-year-old transgender student who was allegedly victimized by bullies at a California high school is now facing a criminal charge.
One big question being asked now is how could someone who was apparently a victim be charged with a crime while the alleged victimizers were not.
The alleged crime and everything that led up to it happened at Hercules High School in Martinez, Calif.
Sophomore Jewelyes Gutierrez is a transgender student. Last November 15th, Jewelyes was involved in a fight with three girls, who Jewelyes says had been bullying her. The fight was caught on cell phone video.
"Jewelyes identifies as transgender, and I think that she had been tormented and harassed at school because of how she identifies," said Jewelyes' public defender Kaylie Simon.
Jewelyes said she had previously sought help from school officials, but didn't get the response she was hoping for, so the bullying continued. Jewelyes said she couldn't take the bullying anymore, so when confronted by the three girls, she fought back.
"When I initially received this case, I was shocked that the district attorney's office decided to charge Jewelyes," added Simon.
Charles Ramsey is President of the West Contra Costa School Board, and says this should have been a teachable moment and not "something that should rise the level of where it has to go to the District Attorney's office for prosecution."
While none of the girls involved was seriously hurt or criminally charged, Jewelyes is now facing a misdemeanor count of battery.
"I think by charging her, it sends a message to bullies that you can bully individuals, and that adults will then further victimize the person that you've been tormenting," said Simon.
Jewelyes' sister has started an online petition to get prosecutors to drop the case. The district attorney's office would not comment on the case because it is in juvenile court.
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