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Student Repeatedly Sexually Assaulted Inside-School

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claklm07

Junior Member
What is the name of your state (only U.S. law)? PA. Yes. Thank you.

My daughter was repeatedly sexually abused by classmate. My daughter, the victim is a student a Elementary school (PA) who was sexual assaulted by a classmate on numerous occasions. I would like to file a lawsuit against the Board of Education and school officials for negligence, claiming that they failed to live up to their duty to protect my daughter where the assaults could have been prevented. My theory is that-sexual relations, during school hours, amongst pre-teens does not occur without the existence of negligent supervision,"-When I reported the incident to school, they investigated poorly and the sexual assault turned into bullying. The same person assaulted another student.(More details to come, when we discuss)All information & communication is documented. I had to get the police involved where further information from the detective-relieved that the student sexually penetrated my child. I believe, under state law, any sexual penetration, no matter how slight or the age, is considered rape. The school dropped the ball and though the student was removed, we are under distress due to the bad/unfair treatment and retaliation we are receiving from school officials from this incident. My daughter and I have not been the same and it hurts more than anything to know the innocence of my daughter has to be taken at such a young age. Please contact me if you can help. Any information you can provide will be useful and helpful. I thank you in advance for your prompt attention regarding this matter. Thank you.
 


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Humusluvr

Senior Member
claklm07 said:
What is the name of your state (only U.S. law)? PA. Yes. Thank you.

My daughter was repeatedly sexually abused by classmate. My daughter, the victim is a student a Elementary school (PA) who was sexual assaulted by a classmate on numerous occasions. I would like to file a lawsuit against the Board of Education and school officials for negligence, claiming that they failed to live up to their duty to protect my daughter where the assaults could have been prevented. My theory is that-sexual relations, during school hours, amongst pre-teens does not occur without the existence of negligent supervision,"-When I reported the incident to school, they investigated poorly and the sexual assault turned into bullying. The same person assaulted another student.(More details to come, when we discuss)All information & communication is documented. I had to get the police involved where further information from the detective-relieved that the student sexually penetrated my child. I believe, under state law, any sexual penetration, no matter how slight or the age, is considered rape. The school dropped the ball and though the student was removed, we are under distress due to the bad/unfair treatment and retaliation we are receiving from school officials from this incident. My daughter and I have not been the same and it hurts more than anything to know the innocence of my daughter has to be taken at such a young age. Please contact me if you can help. Any information you can provide will be useful and helpful. I thank you in advance for your prompt attention regarding this matter. Thank you.
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At what point did you learn about the activities? How did you learn?

How did the school investigate? How was their investigation negligent?

How are you/daughter being retaliated against?
 
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Isis1

Senior Member
first, i am so sorry to hear this.

is your daughter seeing a therapist? what charges if any has been pressed?
 
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OHRoadwarrior

Senior Member
If the perpetrator is a special needs child, the district must proceed carefully on both sides, to comply with the law. Where your side of this falls apart is the numerous times issue. It opens the potential that all advances were welcome until you learned of it or she became angry at the other individual.
 
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st-kitts

Member
OHRoadwarrior said:
If the perpetrator is a special needs child, the district must proceed carefully on both sides, to comply with the law. Where your side of this falls apart is the numerous times issue. It opens the potential that all advances were welcome until you learned of it or she became angry at the other individual.
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Did you read that the child is in ELEMENTARY school?
 
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Humusluvr

Senior Member
st-kitts said:
Did you read that the child is in ELEMENTARY school?
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Both the original question, and OH's answer had something not right about them. I asked for clarification, and OH seemed to answer some mystery question he pulled out of a hat. With the oh-so-inappropriate answer of, "all advances were welcome until you learned of it or she became angry at the other individual." That wouldn't fly in ELEMENTARY OR SECONDARY. Or really, anywhere on this planet.
 
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OHRoadwarrior

Senior Member
Elementary school changes nothing. There are plenty of sexually active 10 yr olds. There are pregnant 10 year olds. 100 years ago, 10 year olds got married in some places.
 
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Isis1

Senior Member
hey layla.....you mean like this?

Lawsuit Claims 12-Year-Old Repeatedly Sexually Assaulted at School: Chicagoist




/Shutterstock.comThe father of an elementary school student in the Pullman neighborhood claims in a lawsuit his daughter was sexually assaulted repeatedly at the school and that teachers at the school could have prevented it from happening.

The girl, identified in the suit as "Jane Doe," was allegedly lured into a closet on a number of occasions by two classmates at Pullman Elementary School. The lawsuit seeks $100,000 in damages against the Board of Education and school officials.

"Sexual relations, during school hours, amongst pre-teens does not occur without the existence of negligent supervision,” the lawsuit states.
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oh hey look! they said the exact same thing you did!
 
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Humusluvr

Senior Member
OHRoadwarrior said:
Elementary school changes nothing. There are plenty of sexually active 10 yr olds. There are pregnant 10 year olds. 100 years ago, 10 year olds got married in some places.
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She's TEN and she's IN SCHOOL. Maybe in your world that's ok, but in mine, and in the legal world, THAT'S NOT OK.
 
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OHRoadwarrior

Senior Member
Two sexually active 10 yr olds are not uncommon in a school. So you are assuming she was raped by a ten year old. She could be just as guilty of raping a 10 yr old boy and deserve the same punishment.
 
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ecmst12

Senior Member
Sexual assault in pre-pubescent children, I worry as much about the attacker as the victim. In almost all cases, the attacker has been a victim at some point first.

Now, in 12 year olds, maybe not so much. Might have been experimentation. Might have been consentual. And it's impossible to supervise the students every second of the day, especially if they are changing classes (I was at that age).
 
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