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Transgender Student Charged with Battery for Fighting Female Bullies

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A San Francisco student is facing misdemeanor battery charges after fighting a group of girls who taunted her.

The fight, which occurred at Hercules Middle/High school on October 14, happened when Jewlyes Gutierrez, a male-to-female transgender student, decided to fight back after continuous taunting by a group of girls. The fight was videotaped and has since been uploaded to the website of a CBS San Francisco affiliate. Many are wondering why Gutierrez is the only one among the teens to be charged with a crime when the video shows all parties involved playing an active role in the brawl.

“It sucks,” said Gutierrez. “I really want … like, the charges against me to be dropped.”

Senior Deputy District Attorney of Contra Costa County Dan Cabral says that the law has nothing to do with Gutierrez being transgender, insisting that laws become complicated when a student decides to pursue vigilante justice. It is advised that students gain contact with authorities rather than fight bullies themselves.

Still, many argue, that Gutierrez, born a male, had an unequal force against female antagonists. A new petition has been launched via Change.org, however, to have the charges dismissed. Gutierrez’s  sister, Melissa Gutierrez Poquiz, is hoping the incident will raise awareness. ”Hopefully it helps inspire other people in similar situations to speak up as well,” she said. “Because these hurtful treatments shouldn’t be tolerated.”

View the petition here.


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