Transgender student Jewelyes Gutierrez, 16, has been charged with a crime for fighting back against bullies at Hercules High School in East Bay, Calif.
However, the alleged bullies have not been charged with a crime, notes KTVU.
Gutierrez was involved in a fight with three girls on Nov. 15, 2013, which was recorded on a cell phone (video below).
The transgender teen claims the girls had been bullying her for some time. She asked for help from school officials, but the bullying continued, reports RawStory.com.
Gutierrez says she couldn't take the bullying anymore, so she fought back. None of the girls were seriously hurt, but Gutierrez has been charged with a misdemeanor of battery.
"[Gutierrez] identifies as transgender, and I think that she had been tormented and harassed at school because of how she identifies," said Gutierrez's public defender Kaylie Simon.
"When I initially received this case, I was shocked that the district attorney's office decided to charge [Gutierrez]," added Simon. "I think by charging her, it sends a message to bullies that you can bully individuals, and that adults will then further victimize the person that you've been tormenting."
Charles Ramsey, President of the West Contra Costa School Board, was also surprised the incident led to criminal charges. He says the fight is not "something that should rise the level of where it has to go to the District Attorney's office for prosecution."
Sources: KTVU and RawStory.com