Justice delayed years for boy who says he was raped at elementary school.

CLEVELAND, OH (WOIO) - The mother of a now 8-year-old boy, who was the victim of a sexual assault more than two years ago, is frustrated that the case against his attacker
has never been brought to juvenile court.

It occurred when he was 5-years-old and a student at Orchard Elementary in Cleveland. In the months immediately after the situation, the boy told Cleveland 19, "He sat down on his knees, I turned around and he grabbed my neck and made me touch his private parts."

The suspect in the case was charged with rape and kidnapping. He is now 11-years-old. The prosecutor's office has apologized for the delay, but the delay
could have complicated the case. She has been told that since it has been so long, the evidence has been jeopardized. There is supposedly a surveillance video showing the child walking into the bathroom with the suspect, but she was told that video no longer exists.

The mother and her son go in on Wednesday to again identify the suspect. The child has done this already, but the court didn't bring the mandatory 16 people to the line-up, so it must be redone.

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