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Note: the following is an archival post of my recent piece at Autostraddle.
Most people would hope that when extreme bullying occurs and is brought to the attention of authorities, the bullies in question will be punished. The opposite happened to Jewelyes Gutierrez; when she was “tormented and harassed” by other students because of her trans status, she was charged with misdemeanor battery for defending herself.
Given that the incident arose in response to intense, ongoing bullying, observers had already widely questioned the decision by Contra Costa County District Attorney Dan Cabral to charge a 16-year old transgender high school student with a misdemeanor count of battery following a schoolyard altercation between her and three other students. However, it now appears that trans teen Jewelyes Gutierrez may be able to avoid charges after all, as she enters restorative justice, a court-ordered conflict resolution program.
Jewelyes, a Hercules High School student and a young trans woman of color, had been facing ongoing harassment and bullying at school from a group of cisgender girls; when she went to the school administration to report the situation was becoming intolerable, nothing happened. Finally, one day one of these girls assaulted Jewelyes by throwing used chewing gum in her face; Jewelyes had had it, she fought back, although she ended up being ganged up on by three other girls in the fight.