Is this child abuse? Please please help!?

My mum and dad got divorced when I was four and my brother (lets call him Tom) was 2.

Now I'm 15 and Tom's 13.

My mum got remarried 6 years ago, to a guy she'd known for a year before that.

He seemed like a real nice guy at first.

Basically, Tom used to get into trouble at school because he has a really bad temper, and whenever he would get in trouble, my 'step dad' (lets call him Ben) would always yell at him and punish him, which I thought was unfair because he aint our dad so why should he? And my mum used to let him.

The more he yelled at Tom, the more Tom started to hate him. And so Tom's behaviour at school got worse, and whenever ben yelled at him, he would yell back and get into huge arguements with him. They'd be yelling for ages. Any time, whether it be 9 in the morning or 11 at night, they'd yell the place down. Ben would always threaten Tom, and once he grabbed his arm and twisted it behind his back and he would always swear at us both when I tried to defend my brother. ben would always threaten our dad (who he's always hated) and said he was going to kill him, and at one point it was suspected that he sent some guys to stab my dad.

Last year, things got really bad as Tom got excluded from our school.

Ben got really mad and threatened Tom a number of times, saying he would throw him out the window. And that he would punch him and hurt him. My mum was at work till 5, so the time between 3.15 (when school finishes) and half 5, we were home alone with Ben. So ben had been yelling and swearing at us, and threatening to hurt our dad, and to hurt Tom. The yelling quietened down, and we all went our separate ways so I went to watch tv downstairs while Tom went to his room and Ben to his and my mums room.

My mum got back from work at half five and a few minutes later the yelling started again. Tom was crying and yelling, mad that Ben was lying to get him into more ****, and Ben was yelling the place down, exageratting everything Tom had ever done wrong to make him look bad. This went on for over an hour with my mum barely getting a word in, as I decided to stay out of it and keep watching tv.

After about an hour, the yelling stopped and all I could hear was uncontrollable sobbing and then a door slam. And then the shouting started again. So I went upstairs to check it out to find Tom with a red mark forming across his cheek, and crying his eyes out and screaming at Ben that it was child abuse and he was going to call the police.

My mum kept telling him not to be so silly.

And Ben kept on yelling at Tom, saying he deserved it, and that he only 'tapped' him. Oh yeah, that's why it left a damn mark.

Anyway, the next day at school, my friend asked me what was on Toms face. At first I was confused but then I realised he had a giant RED and I mean a horrible bruised red sploge on his cheek. I just shook her question off. But after school Tom went to my dads and my dad called the police on ben.

I decided to go home early. And while Tom was still at our dads, the police came round and arrested Ben for questioning. They went to the station, but i had to stay home. About 6 hours later, Ben got back, swearing the place down. The police came back too, and APPOLOGISED to my mum and Ben for the inconvenience. INCONVENIENCE MY ***!

It turns out that where my dad has a criminal record and has issues with the police round our area (who have arrested him on many occasions) they chose ignore the fact that my brother had a huge bruise on his face and said that there was no evidence.

And to make it worse you know what they said?

THEY SAID IT WAS TOMS FAULT! And that he should be severly punished and that they didnt blame Ben for what he did?

This isnt right? How is that justice?

Was it child abuse? It left a mark, and an emotional scar. Tom had to move in with my dad because he was so scared of Ben. it's affected me too. I hate ben and I hate the police and I hate my mum for not standing up for my brother. And I'm scared too.

And was it my fault? If I'd been there to witness it, instead of being a pu*sy and watching tele, then maybe the police would have believed Tom. I have a better school record, and my mum actually trusts me. So maybe if I had been the one to call the police instead of my dad, they would have actually listened and done something about it.......................