Sexual Assault Lawyer Comments On Brooklyn Middle School Rape Title IX Complaint

AbuseGuardian.com reports on a news story released by BuzzFeed which discusses a Title IX lawsuit that is being filed after a New York middle school female was allegedly raped by a peer, and the school reportedly suspended her when she reported the incident.

The 13-year-old Spring Creek Community School student’s mother says her daughter began to feel ill over spring break in April of 2015. She reportedly began having panic attacks, was in agonizing pain, and stopped eating and sleeping. The 8th grader stated that she was raped by a boy in her class, who filmed the act without her knowledge. The boy then allegedly shared the video online, causing her to suffer through harassment from classmates and questions concerning why she didn’t fight him off. She allegedly reported the rape to a school administrator, but was not offered any counseling, and it was later discovered that no report was filed. This is a direct violation of Title IX regulations and mandatory reporting laws.

When the principal was informed of the incident and shown the video she called the student’s mother and sent her home from school. From there, a four-day investigation was conducted and the alleged victim was told to remain at home so that the situation would not be made worse. After 4 days, the girl’s mother went to the school and discovered that the investigation was over. During this time, she was reportedly told by the principal that she had arranged for a transfer for her daughter. It was later discovered that no transfer had been arranged, and the school allegedly destroyed the video evidence of the rape. This 8th grader’s case is now one of only a few K-12 Title IX lawsuits that exist and is under federal investigation.

Title IX is a federal legislation passed in 1972 which prohibits discrimination based on gender in any federally-funded school or activity. While Title IX has been widely discussed in the news with regard to athletics and sexual assault on college campuses, it is rarely referred to with respect to elementary and middle schools. Title IX, though, does cover a wide variety of areas, not just colleges and universities. The law applies to all secondary and elementary schools, activities, and programs affiliated with schools that have federal funding, as well. In addition, it applies to federally funded educational programs in places such as health care facilities, correctional facilities, and unions. The law must be adhered to by teachers, coaches, instructors, and faculty, and it protects them all as well.

Brian Kent, Esq. knows how devastating sexual assault can be for victims. He and his firm have years of experience recovering compensation for survivors of assault. He comments on the Title IX lawsuit by stating, “Children are some of our society’s most vulnerable members and, therefore, we have an obligation to protect them. Laws such as Title IX are put in place to protect victims, and it is a tragedy when they are not used to do so. We hope this alleged victim is able to make a full recovery with the support of her family and friends.” Kent and his firm sponsor the online resource website AbuseGuardian.com and are currently representing several clients in claims of sexual assault.

For more information on potential sexual assault claims, or to ask questions, please contact Attorney Brian Kent at 866-577-2786.