Mom furious after 5-year-old son accused of sexual misconduct

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Ashton Ranch Elementary School (Credit: Google Maps)

SURPRISE, Ariz. — An Arizona mother is furious after she says her five-year-old son was unfairly accused of sexual misconduct.

Five-year-old Eric Lopez allegedly pulled his pants down on the playground at Ashton Ranch Elementary School in Arizona last spring, AZFamily.com reported. The boy was forced to sign a note admitting to “sexual misconduct” and accepting a punishment before his mother was notified of the problem, she claims.

School officials said they are only required to call a parent if the student asks them to.

“He did not know that he could ask for me,” said Eric’s mother, Erica Martinez. “He’s five.”

Eric now has a note that will remain in his file for the duration he attends that school district, AZFamily reported. His mother has been fighting for two months to have the sexual misconduct label removed from the note. So far, the district has denied her appeal.

Assistant Superintendent Jim Dean says the boy will not be labeled as a sex offender or anything of that nature.

“Even though the discipline labels are consistently used and the discipline form is consistent from grades K-12 to ensure all legal mandates are met, the discussion the administrator has about a situation and consequences are age-appropriate,” Dean told reporters. “The discussion with a kindergarten student is focused on the specific action, not on the label that is used for classifying the infraction.”

Erica Martinez will be allowed to file a complaint, but that will not necessarily affect the ruling, officials said.

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8 comments

  • pgomez

    F**k yeah they made a BIG MISTAKE by making this kid sign this paper! It doesn’t matter what what he did sexual or violent, no authority can make any minor sign anything without a parent/guardian or lawyer present! I would definitely take legal actions if they don’t remove it. It seems that there all way too many persons of authority whom are abusing it, the proverbial steps should have been taken here. And like she said “hes five!” For crying out loud she should have been reached as soon as it happened & no further actions should of been taken until she got there! And really people hes 5, its gonna stay on his record as long as hes in that school district, so until he graduates (18 yrs old) it’ll be on his file?! Whats she to do uproot her family & move to another school district?!

  • pgomez

    F**k yeah they made a BIG MISTAKE by making this kid sign this paper! It doesn’t matter what he did sexual or violent, no authority can make any minor sign anything without a parent/guardian or lawyer present! I would definitely take legal actions if they don’t remove it. It seems that there are way too many persons of authority whom are abusing it, the proper steps should have been taken here. And like she said “hes five!” For crying out loud she should have been reached as soon as it happened & no further actions should of been taken until she got there! And really people hes 5, its gonna stay on his record as long as hes in that school district, so until he graduates (18 yrs old) it’ll be on his file?! Whats she to do uproot her family & move to another school district?!

  • Vincent Wolf

    School child abuse this is. They are labeling him with a stigma that will stay with him for years and cause constant bullying. Shame on them. They should just tell the boy it’s inappropriate and leave it at that. Instead they raise the ante so that it becomes a harmful label on this boy.

  • humanbeing9876

    Well, people, you wanted action against minor-attracted men, you’ve got it. Your kids might suffer, but so what? The child protection industry doesn’t care about your kids. They are collateral damage in their career-enhancing war against the paedo monster.

  • Vincent Lehotsky

    The other boy should have been charged as well. For he’s the one who “came onto” the one who was charged. Why should the real sexual predator be allowed to freely continue.
    Isn’t there a state statute of a legal age of consent in place ?
    Just saying, if the parents of the other child were to act to prevent such charges, they may be inclined to ask for the charges on the other boy be dropped, shredded and never discussed ever again.

  • crazy cat lady

    My first job was to follow, at arms length, a Kindergartner (yes, 5-6 YO) because she couldn’t keep from grabbing boy’s privates! Don’t tell me that a 5 YO can’t behave in a sexually inappropriate way!!!!!!

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