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Former student suing teachers over mishandling of rape case
A federal trial is underway in Fairfax County where a former middle school student is suing a number of her former teachers and school administrators, claiming they were negligent in handling her claims of being sexually assaulted.
FAIRFAX COUNTY, Va. - A former middle school student is suing a number of her former teachers and school administrators, alleging they were negligent in handling sexual assault claims.
A federal trial is now underway in northern Virginia in this case.
The case has been years in the making. It centers on a claim that Fairfax County's Rachel Carson Middle School did not provide a safe learning environment for a one-time student in violation of Title IX protections.
Heading back into court after opening statements were nine current or former teachers, guidance counselors, assistant principals and the principal of Herndon's Rachel Carson Middle School and their lawyers.
Each of the defendants has denied claims they were grossly negligent in the handling of a 12-year-old 7th-grade student's claims of being sexually harassed and raped, both in school and away from school 12 years ago.
The plaintiff is seeking monetary damages, including punitive damages against each of the defendants.
FOX 5 spoke with the plaintiff's attorney about the case last year.
"It is a horrific situation," attorney Karin Sweighart said.
The now 24-year-old former FCPS student is suing the Fairfax County school board and those current or former staffers, claiming they were deliberately indifferent and actually retaliated against her. She ended up leaving the school.
"She doesn't want another student to have to suffer like this," said Sweighart.
Known in court documents only by her initials, B.R., she claims that between October 2011 and February 2012, she was subject to harassment, physical groping and multiple rapes.
She also says that she suffers from severe PTSD, has been hospitalized and was a completely normal child before entering the 7th grade.
"It started small and it just continued to escalate and Fairfax County knew about it at the beginning. They knew about this. They brushed it off. They swept it under the rug," Sweighart said.
The defendant's attorneys say rape and sexual violence are horrific crimes but that none of those shocking allegations was ever reported to the school and that their clients did their best to help B.R. in handling her concerns at the time, swiftly and appropriately.
They allege that B.R.'s stories have changed over the years and that Rachel Carson has always provided a safe place for children to learn.
"It's a difficult case for everybody," said Sweighart.
A statement sent to FOX 5 by FCPS this afternoon reads, in part, "More than a decade ago, dedicated administrators, counselors, teachers, and staff helped this former student and addressed her concerns."
B.R. is also suing her former best friend from that time in her life for assault and battery – claims that her former friend also denies. In opening statements, an attorney claimed B.R. was cyberbullying herself at the time.