The parents of a Hsinchu County boy and a kindergarten have been ordered to pay NT$300,000 to the parents of a female student who the boy allegedly injured.
According to a Dec. 31 ruling by the Hsinchu District Court, the old boy allegedly crawled under the classmate’s blanket during nap time and “grabbed at and pinched” her genitals for nearly half an hour.
The girl’s mother said she learned about the incident while preparing to bathe the girl that evening, when she discovered blood on her underwear, court documents showed.
Photo: Tsai Chang-sheng, Taipei Times
A medical examination revealed an abrasion on her right vulva, the documents showed.
An investigation found that the caregiver at the kindergarten was not present when the incident occurred, constituting a dereliction of duty, the court said.
The girl’s parents filed a civil case against the boy’s parents and the kindergarten, demanding NT$600,000 in compensation.
The court ruled in favor of the girl’s parents, awarding half of the amount they sought.
Although the caregiver had failed in their duty to protect the girl, the boy’s parents were also liable, because they are responsible for educating and supervising their child to maintain boundaries regarding others’ bodies, the judge said.
As the boy was only seven years old he could not be held legally responsible for the behavior, and therefore the parents should bear joint liability for compensation, ruling said.
Additionally, as the caregiver was caring for more than a dozen children on their own at the time of the incident while also trying to eat, it was not possible for them to detect the behavior in a timely manner, and they could not be held fully liable, the judge ruled, citing findings from the investigation.
The ruling may be appealed.
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