Current:Home > StocksJudge rejects school system’s request to toss out long-running sex-assault lawsuit -BrightFuture Investments
Judge rejects school system’s request to toss out long-running sex-assault lawsuit
View
Date:2025-04-14 12:45:09
FALLS CHURCH, Va. (AP) — A federal judge has rejected a request by Virginia’s largest school system to toss out a lawsuit accusing it of indifference to a middle school student’s claims of sexual abuse and harassment.
The Fairfax County School Board filed a motion in November asking to dismiss the long-running suit, saying it had uncovered evidence that the former middle schooler had fabricated allegations that she was raped and sexually abused by classmates inside and outside of the school.
In a recently unsealed order, however, U.S. District Court Judge Rossie Alston said the school system “overreached” in seeking dismissal at this stage based on a claim of fraud upon the court.
Alston said the Facebook messages that the school system says are proof of the plaintiff’s lies haven’t been authenticated. And as a legal matter, Alston said that even if the student lied about what happened to her, that alone wouldn’t be sufficient to toss out the lawsuit before it can be tried before a jury.
The middle schooler who raised the allegations in 2011 is now 24, and is not identified by name in court documents. Her allegations were the basis of a 2014 settlement between the school system and the U.S. Department of Education’s Office of Civil Rights over her accusations that the district failed to adequately investigate her complaint.
In 2019, she filed a civil lawsuit against the school board and two of her alleged attackers, among others. The case has been locked in contentious legal wrangling ever since.
The student alleges she was sexually assaulted multiple times, and was even gang raped in a utility closet in 2012. She alleges that the attacks escalated while teachers, counselors and administrators ignored her complaints of mistreatment.
The school board filed its motion to dismiss based on fraud after finding Facebook messages between the student and a classmate alleged to be one of her principal attackers. They say the messages show that the two were actually boyfriend and girlfriend and that the girl had sought out sexual contact with him during a period of time in which she alleged he had been raping and threatening her.
Alston, in his ruling which was unsealed last week, said there is no proof at this point that the Facebook messages are authentic. The judge noted that the school system found them late in the discovery process. The allegedly incriminating messages also come from an account only identified as “Facebook User.”
The school board counters that the messages will be easy to authenticate and that the context of the messages makes clear they were sent by the plaintiff.
The lawsuit, which is scheduled to go to trial in March, is one of several cases the school system has battled in recent years, racking up millions in legal fees.
The cases, and similar accusations in neighboring Loudoun County, have drawn scrutiny, as Republican Gov. Glenn Youngkin has faulted local school systems for their handling of sexual assault accusations.
veryGood! (635)
Related
- Whoopi Goldberg is delightfully vile as Miss Hannigan in ‘Annie’ stage return
- Former Republican legislative candidate pleads guilty to role in the US Capitol riot
- Pakistan attacks terrorist hideouts in Iran as neighbors trade fire
- Hidden Valley and Burt's Bees made ranch-flavored lip balm, and it's already sold out
- The FBI should have done more to collect intelligence before the Capitol riot, watchdog finds
- Cowboys' decision to keep Mike McCarthy all comes down to Dak Prescott
- Ashley Park Shares She Was Hospitalized After Suffering From Critical Septic Shock
- Robert Griffin III says former coach Jay Gruden has 'zero integrity' in fiery social media feud
- Bill Belichick's salary at North Carolina: School releases football coach's contract details
- Home sales slowed to a crawl in 2023. Here's why.
Ranking
- A White House order claims to end 'censorship.' What does that mean?
- Ben & Jerry’s and Vermont scoop shop employees reach contract agreement
- Trump's comments about E. Jean Carroll caused up to $12.1 million in reputational damage, expert tells jury
- A Chinese and a Taiwanese comedian walk into a bar ...
- Man can't find second winning lottery ticket, sues over $394 million jackpot, lawsuit says
- 'Hairbrained': Nebraska woman converts dining room into stable for horses during cold wave
- You Need to See Jacob Elordi’s Reaction to His Saltburn-Inspired Bathwater Candle
- Former NBA player Scot Pollard is waiting for heart transplant his dad never got
Recommendation
Opinion: Gianni Infantino, FIFA sell souls and 2034 World Cup for Saudi Arabia's billions
Rapper Tekashi 6ix9ine arrested by Dominican authorities on domestic violence charges
Biden forgives $5 billion more in student loan debt. Here's who qualifies and how to apply.
'Vampire Diaries' star Ian Somerhalder says he doesn't miss acting: 'We had an amazing run'
Arkansas State Police probe death of woman found after officer
Johnny Depp credits Al Pacino with his return to directing for 'Modi' film: See photos
Human head and hands found in Colorado freezer during cleanup of recently sold house
Global buzzwords for 2024: Gender apartheid. Climate mobility. Mega-election year