Former RI High School Student Sues Officials for Handling of Sexual Assault

Former RI High School Student Sues Officials for Handling of Sexual Assault

A former student who was sexually assaulted at a Rhode Island high school has sued officials in federal court. 

In 2017 — when she was 14-years-old — she was attacked at North Smithfield High School, by an individual who was reportedly known to school authorities as a suspect in a previous assault. 

Her assailant, Justin Rapoza, was arrested and ultimately charged with third-degree sexual assault. He was given a five-year suspended sentence, probation, and home confinement; he was ordered to register as a sex offender. 

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The victim— who is suing on multiple federal charges — says that after she reported the incident, that she was bullied by both students and teachers for reporting the assault, and was denied what she says are her federally protected rights to an education. 

Moreover, she claims that the school was aware of her assailant having had “at least one previous sexual assault” and failed to protect her and other students. 

She is being represented by attorney Mary Welsh McBurney. 

“We have filed the lawsuit against the North Smithfield School Department and its officials because we believe in our client.  She went to school to learn and make friends in a safe environment, like any other teenager.  Instead, she was sexually assaulted at school and then bullied for having the courage to speak up about what happened to her,” said McBurney in a statement provided to GoLocal on Tuesday. “She has worked hard to recover from these traumatic events, and we hope that this case will give her and her family some measure of justice for the harm she has suffered.”

 

Lawsuit in Focus 

The lawsuit, which names the North Smithfield School Department, its finance director, and former high school principal Timothy McGee and former vice principal Steven Boss as defendants, alleges that Rapoza had previously been reported for a sexual assault.

“Upon information and belief, during the 2017-2018 school year and prior to November 6, 2017, administrators at the School, including McGee and Boss, were aware of at least one previous sexual assault committed by a male student (“the Assailant”) upon a female student that occurred on school premises and were in communication with the North Smithfield Police Department regarding the conduct of the Assailant with regard to sexual assault and other unlawful activity occurring on school premises,” according to the lawsuit. 

“Upon information and belief, the School disciplined the Assailant for his conduct during the 2017-2018 school year and prior to November 6, 2017 by precluding his further participation in the School’s football team but nevertheless allowed him to be present on school premises, unsupervised, during the academic school day and regular after school hours,” the lawsuit continues. 

The lawsuit goes on to allege that “the School, McGee, and Boss failed to warn students and parents of the assault by the Assailant that took place on its premises during the 2017-2018 school year and prior to November 6, 2017.”

It was on that date that “C.P” says she was assaulted by Rapoza.

“The Assault took place in the same or similar location of the school building where the prior sexual assault(s) committed by the Assailant had occurred, which were known to the Town, through its agents McGee, Boss and other administrators of the School,” according to the lawsuit. 

“When the School became aware of the Assault on C.P. on November 7, 2017, it first confronted 14-year-old C.P., through its agent, Boss, without C.P.’s parents present. Boss, acting as the authorized agent of the School in his capacity as Vice Principal of the School, yelled at C.P., interrogated C.P., and shamed C.P., threatening to  show her parents video footage of her emerging from the area where she was sexually assaulted by the Assailant,” states the suit. “Boss intimated to C.P. that the Assault was her fault and that  she consented to, invited, or welcomed the Assault.”

The lawsuit says that the school did not report the assault to the North Smithfield police department, but that McGee “informed C.P.’s parents that they could report the Assault if they wanted to.”

Following the assault, the lawsuit alleges C.P was subject to bullying by students as well as teachers. 

“Upon information and belief, teacher(s) at the School joined in the bullying campaign by questioning of the veracity of her report of the Assault; besmirching C.P.’s moral character; and revealing information regarding the Assault and often confidential information regarding C.P., all of which significantly exacerbated the bullying by students,” according to the lawsuit. 

The lawsuit goes on to state that C.P’s education suffered as a result — and that she ultimately withdrew from North Smithfield High and finished her high school at a career and technical school. 

The defendants are being sued on five counts — civil liability, First Amendment retaliation, two counts of violation of Title IX, and that the “state created danger.”

“The nature of C.P.’s claims – sexual assault and bullying – and the resultant injuries – educational challenges and mental health struggles – are intensely personal and private,” wrote McBurney in her filing that her client be able to proceed under a pseudonym. “As such, C.P. should be permitted to proceed in this matter under a pseudonym to minimize the risk of further trauma from pursuing justice for the suffering she already has experienced as a result of the conduct of the Defendants.”

North Smithfield did not respond to requests for comment at the time of publication.