LIBERTY, Mo. -- A metro mother says no one is doing anything to protect her child from the person who molested him, she says it's because the person accused of doing it is another child. Now she's trying to get a court to issue a protection order against the 12-year-old boy.
September Robb says the abuse happened in August of last year, when her then seven year-old son confided to a school counselor that a 12-year-old boy had molested him while he was staying at his dad's house. Robb says that at the time, her son's father agreed to keep their kids away from the neighbor boy, but she says that's not happening.
"No one is doing anything to protect my kids," Robb says, "not only that but the boy is still there around my son and that's a slap in my son's face that his dad is letting that happen."
Robb says it's not that she wants the child punished, she thinks he should get counseling. But the state's Division of Children's Services says state law limits what it can do in these situations because the law defines child abuse as being between a child and an adult. If there was an allegation of child on child abuse, DCS could only take that allegation to the juvenile court or law enforcement.
Now, Robb just says she wants the older boy to be kept away from her son. Recently, a legal counselor told her that the law changed last year allowing protection orders to be filed against a minor. So she took her plea to Clay County Judge Elizabeth Davis. Robb claims that Davis refused to listen to her.
Davis tells me ethics rules prevent her from commenting on her cases and she wouldn't offer a legal opinion about whether an ex-parte can be issued against a child.
Robb says she is filing the protection order again and hopes this time the judge will understand her frustration.
"It seems like it takes one of the kids to get really hurt, physically, for someone to do something," Robb says, "if my son goes back there and gets molested again, who is going to help him in his lifetime of getting over it for the next 20 years?"
FOX 4 spoke to the lawyer representing the child's father, who says the father is aware of this concern and is doing what he can to protect the boy.
The issue was supposed to go to court again today, but was postponed another week.