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FIRST ON 3: Mom says five-year-old son raped by classmate at school

READ MORE: FIRST ON 3: Mom says five-year-old son raped by classmate at school
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COLUMBUS COUNTY, NC (WWAY) -- A Tabor City mom says her five-year-old son was raped at school. But it's who she says attacked the boy that you just won't believe.

Sherri Loika says her son was sodomized in a restroom at Tabor City Elementary School by a five-year-old classmate. She found out the night it happened after his teacher called.

"She told me that the boys were taking a long time in the bathroom, so she went in to hurry them along, and that's when she noticed another boy's penis was on my son's leg," Loika said.

But that wasn't all. When Loika asked her son what happened, he says a different boy raped him.

A doctor examined her son, but Loika says there was no physical tearing or scrapes because of the boys' ages and their physical development. Wednesday, she says a psychologist confirmed her fear.

"Most kids, she said walk in there and give her short yes or no answers," Loika said. "He spelled out exactly what happened to him and drew pictures of it. She told me there's no doubt in her mind that this incident did occur with him."

Since the attack, Loika says her son lays in bed in every morning refusing to go to school.

"He used to get up every morning before the alarm clock would go off and get his clothes on, and he would be ready to go to school," she said. "Now, all he wants to do is lay there. He doesn't want to go there."

Loika claims the school threatened her son with truancy for staying home, even though the school would not remove him from the same class as his alleged attacker. Loika says Superintendent Alan Faulk called her today, finally agreeing to transfer her son to another school. Faulk did not want to comment because of sensitivity of the situation.

Loika showed us a letter from DSS and the investigation report from the Columbus County Sheriff's Office. Both said nothing could be done about the situation and the investigation has been closed. Under state law a child under six cannot be held criminally liable.

"Nobody is trying to investigate anything," Loika said. "They're trying to throw their hands up, throw it under the rug like it never even happened."

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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Obvious

Have any of you heard of Munchhausers by proxy? This syndrome affects mothers wishing for attention usually in the form of elaborate stories about their children.

Definition of Rape

The definition of rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent.

With this being said and what was described by the parent obviously rape did not occur. It is not physically possible at the age of 5 for a child to "rape" another child. Kids do some of the strangest things at times and a boy trying to pee on another boy is highly likely. Being that his physical anatomy is not developed there is no doubt that his penis would be on the boy's leg to pee on him.

How could a teacher be to blame for something a child does? Kids can be unpredictable sometimes. There is no way that a teacher would prevent this an act of silliness. The problem in school systems today is that kids are not controlled and disciplined at home and when they go to school and misbehave and the teachers try to discipline them they are scolded by the parents and made to deal with the behavior daily. The child also knows that they can get by with the behavior so they continue to act up because they know nothing will be done. Because the teacher has to constantly tend to the disruptive behavior it interferes with the education of other students in the class that actually want to learn. Of course parents want to think their child does no wrong but I'm sorry to say that is not always the case.

Children don't come up with

Children don't come up with this stuff by themselves--that boy who raped him was obviously raped himself and thinks it is an acceptable behavior. He needs help IMMEDIATELY. Both of the boys do.

Follow up

I would really like to see a follow up on this story.

It is sad what happened to

It is sad what happened to this cild rather you want to call it rape or not. Our children should be able to go to school and be safe from all harm. This child just wanted to go to the bathroom thats all.

Most teachers do the best they can. They are very busy teaching, playing doctor to sick ones, listening to sad ones cry for reasons that are important to the child at the time, playing mom and dad to many children. Its reality and you can say what you want until you walk in their shoes, it is easy to judge.

This should have never happened but it did. The focus should be making sure the child involved is not emotionally affected which can happen.

read the paper

I just read my local paper and it says dss is still invovled i know for afact that something dont sound right here and just so u know i dont think delco is in that county i might be wrong nut last i cjecked it wasnt and i dont care what a phs says they will lie in aheart beat if they think they can get more money out of u i have a cuz that is one and he come out and td me that my kids docotr even said a 5 year old boy cant even get a hard on much less keep one up at that age so everubody needs to get facts straight if it did happen im sorry if not u r one fed up human being

In response to your post

My comment is in response to your post in perticular. Your have every right to your opinion but when you post information about what you have read or heard it makes it hard to listen to what you are saying when the words that you are using are only used while texting. Not everyone knows that type of language. I am one who dose understand that type of language and I even had a hard time figuring out what you were saying.
Now as for my comment about this case. I am not involved in it in any way, but I have been in the shoes of bieng a teacher and in the shoes of an abuse victim. Weather it happened or not, I applaud the teacher who stepped up and did her job by checking on the boys in the bathroom. Also when she realized what had been going on she didn't ignore it. She took approiate action by notifing the parent that the incident took place. As for the child, I know first hand the damaging affects that abuse can have on a child. I am, to this day, still working on the affects that my own abuse has had on me. So I beg on behalf of both children to get them both help immediately. I can already see the damage that this incident has caused this poor child already. So I also beg the people who are in charge(i.e school, police, DSS) to quit harassing this boys mother when she is only trying to protect and do what is right for her son.

thats where you are wrong

sorry but your local paper sucks as well i know because i read the bull crap too it says that the sheriffs office referred it to dss sorry but dss refused it refused to investagate if you'd looked at wway youd seen the documents i provided which proved that already!!!hope you dont have kids either.and you know peditricans need more schooling my sons doctor said the same thing said he wasnt sure if a kid that age could get an errection but if you want the proof scroll down to a link i posted for another smart a** and read it you might find it interesting to know that can and he did.!!!

Actually, even newborns can

Actually, even newborns can have erections, so that takes are of YOUR theory.

Newborns get erections

Actually newborns can get an erection. All of your doctor's are wrong. My son was 2 months when he started having erections. It is very common in a lot of boys to have erections during the 1st year or 2 of their lives. My son is now almost 4, and he will have an erection every once in a while. If the blood rushes to it (in other ways then sexually aroused), a little boy can get hard. It has nothing to do with them getting horny. But even if the boy wasn't hard, he may of been trying to do something that he has seen his parents do all the time, or movies, or if his dad does it to him. Who knows, but that shit is disturbing. My son is starting kindergarten in 2013, and I would flip out if I found out that happened to my child. I'd be taking a trip to the parents house! Im glad to see his mom took him to see a doctor and get checked out, though. Physically and mentally. Some parents don't give a shit, but I'd be very very concerned if it was my baby. He's 5, so he's probably going to remember this for the rest of his life, and have to grow up in the same school system as the bully that raped him. Man, I would move outta state to protect him, if I were her. Very sad situation.

Maybe the offender can't be

Maybe the offender can't be held legally responsible because of his age but the SCHOOL and HIS PARENTS can be help legally responsible. I hope that this mother will hire a GOOD lawyer!!

5 years old or 50 years old,

5 years old or 50 years old, playing Dr or not playing dr... You do not put your genitals in or on another person, thru their clothes or skin to skin contact without their permission. Otherwise its sexual assault. As a mother with 2 kids in Columbus county schools, I want to be informed. This is not the first time somethings happened. A young lady was assaulted last year on the bus by a boy trying to put his penis in her mouth as other boys held her down... Its ridiculous.

Teachers

The teacher can not be at fault for this. As an education major, i know that we are supposed to promote independence and allow the children to go the bathrooms on their own. This is the parent's responsibility, and the attacker's parents should be aware of what their child is doing. They should be held responsible. Not the teacher. She did what she was supposed to, and went to check on them when they were in the bathroom for too long.

Like every thing else in the

Like every thing else in the poverty of Columbus County, it is a money driven issue. Someone told the mother she could be sitting on a gold mine. Now the child is looked at as a cash cow. His life now may be ruined not by what happened to him, which at best is questionable, but what his mother will subject him to for dreams of easy money. Shame on her for using her son as way to better her life. Who's best interest is at hand here. I know the people of Tabor City. It's all about the money.

Oh yeah, it's TOTALLY WRONG

Oh yeah, it's TOTALLY WRONG when rape victims ask for justice. I mean, WHO DO THEY THINK THEY ARE? VICTIMS!?!?!? He probably dressed too provocatively!!!

I agree with Jerry Springer

I have to agree....we are talking about 5 year olds here! The more that is made out of this issue the worse it is going to be on the child. I bet if there was another 4 or 5 year old sibling in the house and this happened...the mother probably would have thought it was funny. Get grip!!

YOU NEED THE GRIP IT HAS

YOU NEED THE GRIP IT HAS NOTHING TO DO WITH MONEY NO ONE HAS OFFERED MONEY OR ANYTHING ELSE I SURE HOPE YOU DONT HAVE CHILDREN YOU AND JERRY MUST WORK FOR THE SCHOOL SYSTEM. JUST THINK IF THIS WAS YOUR CHILD WOULD YOU OR WOULD YOU NOT AT LEAST WANT A DECENT AND TRUE INVESTIGATION AND IF IT WASN'T TRUE WHY WOULD THE TEACHER EVEN ADMIT SHE SEEN THE BOYS THING ON THE BOYS LEG.I KNOW ITS HARD TO BELIEVE BECAUSE OF THEIR AGES BUT NOT IMPOSSIBLE THE ATTACKERS SHOULD HAVE BEEN REMOVED FROM SCHOOL AND INVESTIGATED.

Yes!!! It's always all about

Yes!!! It's always all about the money, if these parents suing schools , towns, church's , etc. etc. then instead of taking the money , donate every dime you win in a lawsuit to some charity and then you can prove you only wanted justice and you wasn't in it for the cash, just like these men suing these priests from 30 or 40 years ago, why wait so long, they seen dollar signs, and that's all it's about CASH!!!

Shame on u mr or ms i dont understand why

U dim wit- she was speaking out- to any and everyone at the time of the occurance however NOONE would pay attention to her. It wasn't until a week later that this news station was kind enough to post.
You do have it right, there are missing parts of the story- such as only one child is supposed to be in the bathroom at a time- or the teacher said it was just a crazy thing that happened- or the teacher said she can't watch them all at one time.
You know kids poke or say i'mma cut you with scissors all the time.. mine licked another in his eyeball... but no, they don't go around putting their genatalia in each's rears. That's learned behavior that's passed on.
Shame on you for placing blame onto that mother. Shame on you for not looking at the victims-- the child it happened to, the children that did it- the mom that has to console her child. Shame on the school that condoned this because THEY are to be the loca parentis while the children are there. Shame on you for your post and for this whole school system that failed the children.

No, shame on you!

No, shame on you, Marci. You obviously have no clue what you are talking about which is exactly what the majority of the problem is with this situation and others in the county. People that know nothing or little about situations feel the need to comment on everything.
If you have never taught one day in a classroom, don't try to assume what it is like or the challenges that teachers face due to negligent parents and influences from home. If you have ever raised children, imagine raising 26 on your own for 180 days for more "wake" hours than their own parents have them. By the way, teachers spend 4 years receiving an EDUCATION (that means learning how to teach kids on subject matter, not how to teach and parent them because thats not done at home in many cases)because they CARE ABOUT KIDS....its certainly not for the paycheck! Trust me, no one would tolerate barely getting by, dragging home hours of work, and putting up with a lot of outside influences if they didn't care for the kids. Be careful who you judge! It is extremely unfair of you to be so critical!
On that note, children NEVER go to the restroom by themselves...sorry! But that is incorrect information. We have a buddy system in this county (that means 2 at a time) since an incident occurred in the restroom at WILLIAMS TOWNSHIP back in the late 1990s.
Teachers take the entire class to the restroom where students may go in one at a time...when students request to go to the restroom at a time that the whole class doesn't go, the teacher must send the kids in pairs...
The teacher did what was right...
Teachers can control the factors that are within their job, and their role as professionals...they cannot however control the behavior of other students when they are not in their presence.
If the teacher would have left the entire class unattended, she would have been held liable for any indcidents.
In other words...It was let the kid pee in his pants...quit teaching to take the kids back to the restroom and interupt more learning time because the kids had to go AGAIN...or leave the class unattended...I mean really...what more do y'all want?
Its amazing to me how this parent and everyone else is angry at the school and its employees because they were choosing to follow protocol...but no one is remotely upset with the parents and family from which this child committed such an act? Good grief people! Where are your priorities?
I would never subject my child to having to relive this event...if it even happened...every day just because I'm trying to prove a point. There's ways of taking care of what she wants to without subjecting him to being labeled for the rest of his life. The only person responsible for ruining this child's image and reputation are the ones who keep handling their business on Facebook and in the public eye! Is this about helping the kid or seeking to embarrass and hurt others? If this was about the kid it seems like his privacy, feelings, and future would be of upmost concern...not whether employees are going to be fired for doing their job. As a parent who is happy with my child's place at a school in the county school system...if you don't like the schools and your child's right to a public education...you haul 'em to the charter school everyday and provide all of their meals or pay your dues to send 'em to private school.

wendy

wendy thats where you are wrong because there is no buddy system in this school she sent 3 boys into that bathroom and did not go check on them until she heard my son scream NO STOP. she let that out at the last meeting between me her and the principal.. so talk on issues you do know and if you are a teacher i feel sorry for you because your system sucks and by system i do mean school system aka ALAN FAULK SUPERINTENTENT!!!!

Good Grief

Sherry...do you not understand buddy system? Sending more than one kid to the bathroom at the time is a buddy system! Why should she have to go check on them if she sends them with a buddy? Duh..that kind of defeats the purpose of not loading up the entire class again in the first place!
Just handle your kid's situation at home between you, your kid, the appropriate authorities, and God. He's the only one who knows the truth at this point. I highly doubt how taking this information public has really helped you or your kid. After all, Facebook and other sites were intended for social media purposes, not solving the world's problems! All you're going to get on here are opinions from people who either 100% support you or are 100% against you. It certainly hasn't made anyone look any more favorably upon your situation and it hasn't shut the school down. It operates every single day with or without you! The only person you are driving crazy is yourself.
Like it was said...appreciate your right to public education...or haul 'em or pay for them to go somewhere else! Your right to do so!

thank you

thank you Wendy.

look at tonights do you

look at tonights do you believe it now and there's one more i know of that hasnt come forward and i do hope she does. my niece told me today that a little girl in her new school told her that she was raped at tabor city elementary school last year and thats why she was at the new school!!!!!!!!!!!!!!!!!!!!

AND HERE IS A LITTLE

AND HERE IS A LITTLE RESEARCH HELP FOR THOSE THAT DONT BELIEVE IT IS REAL AND HAPPENING http://www.cyc-net.org/cyc-online/cycol-0801-toni2.html

i didnt just wait

I WAS DEALING WITH DOCTORS AND POLICE AND THE SCHOOL AND THE BOARD OF EDUCATION ALL WEEK TRYING TO GET MY SON OUT OF A BAD SITUATION. I CAME TO THE MEDIA WHEN THE SCHOOL TRYED TO BACK ME INTO A CORNER TRYED TO BACK MY SON INTO A CORNER. I WANT TO ADD MY SON AND MY NEICE HAD A VERY ENJOYABLE FIRST DAY AT THEIR NEW SCHOOL AND THEY SAY THAT THE TEACHERS, THE PRINCIPAL, AND THE KIDS ARE A WHOLE LOT NICER. THEY ALSO SAY THE FOOD IS MOST DEFINETLY BETTER. AND FOR THE PARENTS OF CHILDREN AT TABOR CITY ELEMENTARY I ALSO WANT TO INFORM YOU THIS IS NOT THE FIRST INCIDENT AT THIS SCHOOL MY NEICE HAS TOLD ME THAT A LITTLE GIRL IN HER NEW SCHOOL TOLD HER THAT SHE CAME FROM TABOR CITY ELEMENTARY SCHOOL LAST YEAR BECAUSE A CHILD DONE THE SAME THING TO HER. SHE ASKED HER WAS THAT HER LITTLE COUSINS MOM ON TV AND WHEN SHE TOLD HER YES SHE SAID THAT SHE WAS DONE THE SAME WAY AS HIM.SO FOR ALL OF YOU THAT ARE SAYING THIS CANT BE IT AINT TRUE HONESTLY IM NOT GOING TO STUP TO YOUR LEVEL IM JUST GOING TO SAY GOD BLESS YOU AND ANY CHILD THAT MAY BE LIVING IN YOUR HOME AND IN YOUR CARE BECAUSE OBVIOUSLY YOU SIDE WITH THE PERP AND HIS FAMILY BECAUSE YOU LIVE THE SAME WAY THEY DO!!AND THAT BEING SAID I ALSO WANTED TO SAY THAT I SPENT MOST OF THE NIGHT TALKING WITH THIS LADY WHOSE CHILD WENT TO DELCO IN THE SAME SUPERINTENDENTS COUNTY AND HER DAUGHTER WAS RAped BY BOYS AT HAT SCHOOL AND THIS SUPERINTENDENT HAS COVERED THIS ONE AS WELL. SHE SAYS THAT HE DID ALLOW HER TO TRANSFER HER CHILD BUT NOW SHE HAS TO DRIVE 30 MIN. TO TRANSPORT HER CHILD TO SCHOOL BECAUSE HE WOULDNT PROVIDE TRANSPORTATION.THAT BEING SAID FEEL HOW YOU MAY MY SON IS NOT LYING AND THE PSYC. IS NOT LYING MY SON IS IN A SEX FREE ENVIRONMENT I DO NOT ENGAGE IN SEXUAL ACTS WITH HIM PRESENT AND THE ONLY OTHER CARE GIVERS FOR MY SON IS MY PARENTS WHO HAVE BEEN NON-SEXUAL FOR 10 PLUS YEARS. WHEN MY CHILD TELLS ME THAT THE BOY SAID D** AS*H**LE AND KEPT CALLING HIM A B**CH WHILE HE WAS DOING IT I KNOW HE WAS NOT MAKING THAT S**T UP!!THANK YOU AND THANK YOU FOR THE MANY PRAYERS AND PLEASE KEEP FIGHTING THIS MY SON IS OUT OF THAT SCHOOL BUT THERE ARE OVER 500 CHILDREN IN THAT SCHOOL UNSUPERVISED EVERY DAY BY THESE TEACHERS AND THIS PRINCIPAL AND MY HEART GOES OUT TO THEM.

I'm so sorry that happened

I'm so sorry that happened to your child--you did the right thing to keep him safe. That child who raped him needs help right away--it's too bad he probably isn't going to get any. The other girl you talked about? It's illegal to offer a transfer and then not provide transportation, so she needs to get a lawyer and get that worked out.

I just don't understand why

I just don't understand why the mother waited a week to say anything. Her Facebook clearly says that the child was suspended Friday for threatening to "stab" a female student. Then on Monday she starts posting all this stuff. To me seems like it's trying to get back at the school/school system for suspending her child.

The story on her page seems to be missing a lot of details! If you ask a child the same question over and over...they'll soon tell you what you want to hear. 5 year old boys raping one another? Is that even possible? Come on!!!!

Children that age role play.

Children that age role play. They act out what they see and hear from others. Yes it is possible.

for guest885134

Things do happen,back in the late 90's my child was touched by another child.No one helped untill I told then principl Ronald Ward if it happen again,I would do bodly harm too him.Then the school reported it to the police.Any time something like this happens,the police are to be notfied.My child was only 6.This kid had learend this at home,so don't think adults are the only ones.