Q: Can I sue and/or place into jail, my brother for assault while I was 8-14yo? 1 weeks ago, he threatened and harassed me.
I am currently 17-years-old; my assailant (my brother) is 26. He has been placed in jail on numerous occasions and was released recently—little over a month ago. In the past—late elementary-school and throughout middle-school: he would punch me, kick me, spit on me, yell at me, spread false-rumors about me, generally, assault and harass me all the time; he attempted to kick in the door of my mother's room while I hid from him, prior to hiding in my mothers room, I hid in the restroom, followed by a similar chain of events—the damage (evidence) is still visible, I have photographs of it); I took a video of him spitting on my face numerous times (at least 10), punching me constantly, and slandering me while he walked in my mother's room to iron his clothing, while I was curled up in bed—I contacted the police, however, I placed no charges—also, the very phone which was used to record was lost (stolen by him, I am sure). Throughout all of this: I was not older than 11-13; he was 20-22.
A:
I get the impression that you have compressed years of abuse into a short summary. Because you are a minor, you cannot sue your brother on your own, but you can still go to court and file harassment claims against your brother and try to get court orders that he stay away from you. Your parents should be doing this for you, if they are aware of the ongoing abuse you have suffered at your brother's hands since you were much younger. If your parents will not help you, contact your local county social worker and explain what you have been experiencing, and see if there is anything they can do for you.
In addition, call the police. Every time you are assaulted or battered (struck on your body without consent), spit on etc. as you describe, call 911 and ask for a police officer to come and place your brother under arrest. Do not tolerate physical abuse by him or anyone else. Make a police report each and every time he or anyone else abuses you in this or any other physical manner.
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