Four Students Arrested for Sexual Assault of Classmate - the Story Behind the Headline

Four Students Arrested for Sexual Assault of Classmate - the Story Behind the Headline

he Jackson, Mississippi Police have arrested 4 teens for sexual battery of an 11 year old. The four teens, ranging in age from 15 to 17, have been charged as adults. Prosecutors say that all four defendants and the victim attend the same private school, Christ Missionary and Industrial College. They also say the victim was sexually assaulted numerous times and while at school.

Because the four teens have been charged as adults, all face lengthy prison sentences. Unfortunately, their 11 year old victim faces a "life sentence". Child sexual abuse and sexual assault survivors typically suffer for many years even though the assault may only have lasted a few minutes.

In addition to medical treatment expenses, survivors often incur counseling expenses, suffer physical and emotional pain, loss of sleep, long term health problems, loss of self esteem, decreased school and work performance and terrible humiliation. Putting a dollar figure on these losses is difficult, although the pain and suffering is quite real.

The story behind the headline is the degree of responsibility the school bears. Certainly, a 15 year old sentenced to prison has no ability to pay damages. A court can order restitution but it is all but certain to be uncollectible. The school, however, may have a duty to contribute. Why?

Schools have a legal obligation to maintain a safe environment for students, particularly younger students who are more dependent on the school for their safety and well being. According to published reports, the assaults on the victim occurred on multiple occasions and were committed by multiple teen boys. At some point, the school knew or should have known of the assaults and taken measures to make the school safe.

Although I believe that schools have an absolute duty to maintain a safe environment, isolated attacks sometimes do occur. The police, however, say these assaults took place many times in many different areas of school grounds. Clearly, the school failed its duty to their 11 year old pupil.

Is the school liable for damages? Without more details it is hard to know. But clearly there is a valid claim to be raised. Sometimes the only way to effect positive social justice and change is through the checkbook.

If convicted, the four boys will "pay" for their crimes with their freedom. Hopefully, for a long time. The school, however, cannot be put in jail. But the school and its administrators can be held responsible for damages.

Victims of violent crimes have a long road ahead of them. While nothing can undo the harm done, in many cases prosecution of the offender or a recovery of money from those responsible can bring closure and some relief. Monetary awards obviously can never make things right, but they can be used to pay medical bills and counseling expenses, pay ordinary living expenses while emotional wounds heal and as a method to punish offenders and those responsible. By holding those accountable, we often prevent future harm.

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