Chongqing police said they cannot file criminal charges against the 10-year-old girl who viciously attacked a toddler in an elevator because she is too young, according to reports.
Earlier this week, footage from an elevator in Chongqing revealed the 10-year-old girl getting in and picking up the toddler after his grandmother had exited, only to suddenly throw him on the ground and begin severely kicking and beating him.
The toddler was later found outside, after he was believed to have been thrown from the building, which the young girl and her family denies.
The toddler was taken to a hospital after his grandmother found him outside, where he eventually awoke with multiple fractures and a ruptured lung.
The girl told her father that the child was “unfriendly” to her, so she beat him. She also told him that she did not throw the child from the 25th floor, but that he had fallen off of the balcony on his own.
As of now, the 18-month-old toddler is still in an intensive care unit awaiting surgeries. The girl is in Xinjiang with her mother, who was transferred there for work, according to China Daily.
Local police neither detained the girl nor filed their investigative findings with prosecutors – which, in a case involving an older assailant would mark the start of a criminal prosecution. In this case, the attacker’s young age shields her from criminal charges, the police said.
Dan Xingming, a lawyer for the toddler’s family, said the local court accepted the family’s civil case on Wednesday. The parents demand 300,000 yuan ($49,300) in compensation from the girl’s family.
A total of 78,000 yuan had been paid as of Friday. Dan is asking the court to freeze the assets of the girl’s family.
Police also released a statement from the girl, wherein she told investigators that she took the boy home and beat him on her living room sofa before taking him to the balcony to play. That was when the child fell over the rail, she said.
Experts say that it is still too early to analyze the girl’s mental health and motivation behind the attack because information is limited.