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No charges to be laid in Nex Benedict assault investigation

Authorities in Oklahoma have announced there will be no charges in the investigation into the assault of non-binary teenager Nex Benedict.

Benedict died on 8th February, a day after they reported that they had been involved in a physical altercation in the toilets of their Owasso High School.

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Warning: This story has details of bullying and violence against a non-binary person, which might be distressing to some readers. For 24-hour crisis support and suicide prevention call Lifeline on 13 11 14. For Australia-wide LGBTQI peer support call QLife on 1800 184 527 or webchat.

The teenager’s family members have reported that they were experiencing bullying relating to their gender identity. They were non-binary.

Earlier this year the state passed a law requiring banning transgender people from using bathrooms that correspond to their gender identity, which has made some wonder if this may have been of relevance given Benedict was assaulted in the school’s bathrooms.

Local police have said that the bathroom altercation was broken up by other students and a teacher. All those who were involved in the incident were walked to the principal and nurse’s office and given a health assessment.

It was determined that no ambulance was required, but a nurse recommended that Benedict should be taken for further medical assessment. A school officer also went to the medical centre and interviewed Benedict and their guardian.

The following day Owasso Fire Department medics responded to an emergency call involving the teenager. They were taken to a pediatric emergency facility but later died.

Benedict’s death led to speculation about the role the new bathroom laws may have played in their death with social media commentators claiming the teenager had been beaten to death. An autopsy later revealed that the teenager had their own life.

Tulsa Country District Attorney Stephen Kunzweiler says they will not be proceeding with any charges in relation to the altercation as there is no reasonable prospect of a conviction being obtained.

““I do not have a reasonable belief that the State of Oklahoma could sustain its burden of proof beyond a reasonable doubt if charges were presented for prosecution.” Kunzweiler said, describing the fight as one of “mutual combat”.

OIP Staff


Do you need some support?

If you are struggling with anxiety or depression, support and counselling are available from:

QLife: 1800 184 527 / qlife.org.au (Webchat 3pm – midnight)
QLife are a counselling and referral service for LGBTQIA+ people.

DISCHARGEDinfo@discharged.asn.au / discharged.asn.au
Discharged is a trans-led support service with peer support groups for trans and gender diverse folks.

Lifeline: 13 11 14 / lifeline.org.au

Beyondblue: 1300 22 4636 / www.beyondblue.org.au


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