But should bullies be held legally responsible for any harm they cause? Sometimes bullying overlaps with discriminatory harassment covered by federal civil rights laws. Learn more about your civil rights. The law is not completely blind to the problems that arise in cases that essentially boil down to hurting feelings (because we do not include bullying involving physical contact here) and provides a remedy through prosecution for intentional infliction of emotional stress (IIED). When a plaintiff takes legal action against the IIED, he must prove that the defendant`s conduct was extreme and outrageous in the circumstances; that the defendant acted intentionally or recklessly; and as a result of the conduct, the applicant suffered severe emotional distress.[1] Extreme and outrageous behavior is one that exceeds the bounds of common decency and is cruel and unbearable to the ordinary person, and emotional distress is “severe” if it is of such intensity and duration that no ordinary person would be expected to tolerate it. Bullying seems to fit all of these factors perfectly, but lawsuits are not often brought. Schools clearly owe a duty of care to students. A long series of precedents in which students have suffered physical injuries is proof of this. It becomes darker when psychiatric and emotional damage is claimed many years later. Because of the lack of punishment, people constantly say hurtful things without thinking about what might happen as a result. This is completely ridiculous and something needs to be done about it. If people knew that their bullying harassment could land them in jail, they would certainly think twice before making those mean and offensive comments that cause such enormous damage. Those who have been victims to the point of tearing them apart deserve justice, and holding their tormentors legally accountable is the only way for them to receive it. The problem is that when someone finally gets tired of being bullied and ends their life, no one sees it as someone else`s fault but their own.
In some ways, suicide is not as serious as murder, although in fact it is just as devastating, if not more devastating. In the case of minors, when bullying is discussed, many people talk about the fact that their brains are not fully developed until they are about 20 years old. Bullying can affect anyone – those who are bullied, those who bully and those who observe bullying. You see, American children seem to have become so fragile and American parents so quarrelsome that schoolyard bullying is just as likely to be solved in court as behind a dumpster where boys have settled their disagreements. I always told my mother that no one ever dies of embarrassment, but apparently I was wrong. The ABA Journal reports that there has been a veritable epidemic in Ohio of children who have committed suicide because they have been chased by mean children. And this story doesn`t even take into account Tyler Clementi`s situation. The traditional idea that bullying should be endured is an integral part of the school years was firmly entrenched. Recently, however, technology has provided many opportunities for a widespread, distant, and cowardly form of bullying – cyberbullying. This obscures the question of the extent of a school`s responsibility. One girl reportedly told Rebecca to “drink bleach and die.” Eventually, Rebecca couldn`t take it anymore and climbed a concrete tower and plunged to her death. Rebecca has been bullied, which is against the law, but people don`t seem to understand.
Bullies should not only be a form of harassment, but should also be held legally accountable for their actions, as those who bully know the difference between right and wrong. Bullying, cyberbullying, education/schools, children, prosecution, parenting, suicide, crime reform, violence We have come a long way to recognize bullying as intentional, often criminal, behavior that would be treated as such outside the schoolyard. It should never be tolerated, especially now that we are aware of the damage it causes. Not all torment is a crime, and not all bullies are criminals. You could say I was bullied; You could say that I have been the victim of repeated physical assaults. Both are true. But you can`t say that the tyrants tried to get me killed. The injustice must be redressed and the threat of legal action can, in many cases, lead to action. However, it would be regrettable if this were the main impetus for action. The best view is that modern educators view bullying as serious antisocial behavior that has serious implications for all children`s right to education, and work to create school cultures where bullying cannot exist.