Updated: Thursday, 22 Mar 2012, 10:49 AM EDT
Published : Wednesday, 21 Mar 2012, 11:55 AM EDT
NOBLESVILLE, Ind. (WISH) - Fishers Police Department has closed a case involving a 13-year-old boy and 8-year-old girl who had sex on a school bus.
Both students are deaf and according to Fishers Police the two are students at Indiana School for the Deaf. The two were being transported with other students on a Noblesville school bus.
Police say the video tape from the bus camera shows the two having intercourse. Fishers Police say the act was consensual. There was a bus driver and bus aide on the bus during the incident. Police say they will not face charges because it was not physically possible for the driver or aide to see what the two were doing because of the height of the seats.
An attorney representing the family of the girl involved in the incident said Indiana law dictates that an 8-year-old girl can't consent to sex.
"What happened to the victim here was child molestation and/or rape," attorney Robert King Jr. said in an email. "That a victim, especially one 8 years old, sometimes succumbs to a more powerful perpetrator should never be regarded as consent and is not the law in Indiana."
24-Hour News 8 contacted Indiana School for the Deaf Wednesday afternoon and is waiting to hear back.
Noblesville Schools released a statement about the incident.
“The safety and security of all children attending Noblesville schools is our top priority,” school officials said in a prepared statement. “It always has and always will be.”