RI Supreme Court Justice Blocked Effort to Unveil St. George’s Abuse in 1980s
GoLocalProv News Team and Kate Nagle
RI Supreme Court Justice Blocked Effort to Unveil St. George’s Abuse in 1980s
A review of court documents by GoLocal shows that Robinson, who was representing St. George’s at the time as an attorney with the Providence law firm of Edwards and Angell, tried to force Jane Doe — who is now known is Anne Scott — to reveal her real name in the lawsuit alleging rape and molestation at the hands of the school’s athletic trainer.
Robinson claimed the sex could have been consensual, and filed a motion that she be barred from contacting “any large portion of the alumni” - while arguing her name be made public to draw out potential whistleblowers.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTThe case was virtually at the midpoint of the sex abuse allegations at St. George’s that have recently come to light after Scott reopened the case, as reported in the Boston Globe.
“Justice Robinson would not speak to the Globe on the matter, but in a statement released by his law clerk Tuesday said: “In the 1980s, while engaged in the private practice of law, I represented St. George’s School in certain litigation in the federal court, which has recently become the subject of interest in the media. I represented the client as an attorney must — zealously, ethically and to the best of my ability. I do not believe that further comment is necessary or appropriate,” wrote Bella English for the Globe on January 6.
Robinson was appointed to the Rhode Island Supreme Court in 2004.
The documents reviewed reveal that United States Magistrate Jacob Hagopian repeatedly rebuffed Robinson’s attempts during the $10 million lawsuit Scott filed against the school in 1988 as "Jane Doe" to have her name revealed, which he summed up when he finally turned down the defense -- and school's -- effort.
“Given the very nature of the underlying facts and circumstances of an alleged rape, which occurred on a 15 year old girl, where the defendant St. George’s School by reason of the action brought, is held to some sort of standard of accountability of what one of its employees allegedly visited upon this young girl. I think it would be outrageous for me to decide otherwise. It may be the first decision in the land, and so be it. I am delighted if that is the case,” wrote Hagopian in his decision to keep Scott’s name private — despite Robinson’s efforts — on May 30, 1989.
“You are concerned about the money aspect, the punitive damages. There is something more important that money can’t buy, and that’s the human dignity of a person, and we’re going to preserve it in this case,” wrote Hagopian.
Documents Bring School Defense to Light
The Globe reported in December that while in her mid-20s Scott “filed a lawsuit seeking $10 million, but when the school pushed back aggressively, Scott backed off — and moved abroad to rebuild her life. This year, almost 40 years after she first arrived at St. George’s, Anne Scott felt strong enough to pursue her unfinished business with St. George's.”
The survivor group “Healing for St. Georges” has released a number of pertinent documents to the investigation, including a copy of St. George’s 1988 U.S. District Court motion to dismiss the alleged rape and molestation complaint by student “Jane Doe.”
The report and recommendation state the known facts by now — that Scott attended St. George’s from 1977 and 1980 during which time she says was raped and molested by her trainer, and that years later she suffered from post-traumatic stress disorder and major depression which required hospitalization, and she revealed what happened at the school to her therapist in 1986 — who provided an affidavit in the 1988 lawsuit.
A document dated March 1, 1989 revealed the school’s defense — and attempt to deny Scott’s privacy — when Scott’s attorney Robert Lovegreen filed a motion for a protective order, and St. George’s defense lawyers Frank Manni and Robinson argued against it.
Lovegreen put forth the argument for protecting rights of privacy under certain circumstances, stating they weren’t asking the public be denied access to court docket - “that’s already done,” he quipped, asking instead that information not be provided that would identify the plaintiff due to her fragile mental condition.
“You seek to protect from disclosure the identity of this lady - that is all?” Hagopian asked, to which Lovegreen replied it was.
Hagopian then asked Manni and Robinson, “What prejudice is visited upon St. George’s School — what is that, corporation - by preserving the identity of a victim of an alleged assault that occurred on the premises?”
Manni replied that the allegation would cause a “stigma on the defendant" -- i.e. St. George's.
"There's No Shame"
“Explain to me under the criminal laws of the U.S. where the element of it being “volitional or non-volitional” or voluntary or non-voluntary, has anything to do with this type of detestable allegation made by a person not of the age of consent,” said Hagopian. “Can you explain that to me?”
“To the extent that the punitive damages sought [are] $10 million,” said Robinson.
Robinson went on to suggest that a consensual relationship between Scott and the trainer could have been possible, when questioned by Hagopian.
“I don’t see how identity has any limitation upon discovery. I read and reread and read and reread your respective memorandums,” said Hagopian, “And if it appears that I’m a little rude in cutting you off then I apologize, I just don’t know what more can be added by you telling me that, maybe further inquiry would disclose a consensual relationship?
“That’s one suggestion,” Robinson responded.
“It’s impossible,” said Hagopian. “It violates the criminal law of the U.S.”
“Maybe people will come forward and say the plaintiff…has a tendency to lie,” said Robinson.
Hagopian replied that the defense could determine that -- or not -- during discovery — and repeatedly turned down claims by the defense as to why Scott’s name was necessary for the process.
During the proceedings, Robinson compared the revelation of a rape victim’s name to that of mugging victim.
“What shame is there in being a victim? Maybe if you and I were mugged in the street, there’s not reason to be shamed,” posed Robinson to Hagopian, as to why Scott's name should be revealed.
Robinson also suggested that a victim choosing not to reveal their name might have other reasons.
“I think it is entirely possible that a plaintiff [decide] not to go forward because they don’t truly believe their story,” said Robinson.
Hagopian ultimately sided with the plaintiff.
“It would seem to me that compelling reason has been demonstrated to the court the entitle this person to bring suit without any prejudice being visited upon either side by not publicly disclosing her identity,” said Hagopian.
Now, nearly twenty years later, Scott — and others — are going public, and the Rhode Island State Police are investigating rape claims -- that have no statute of limitations in Rhode Island.
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School: The Gunnery
Number of Students: 298
Grades: 9-12, PG
Location: Washington, CT
Tuition Boarders: $51,200
Tuition Day Students: $38,500
Source: IRS 990 Forms as submitted by the School, School's Web site
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School: Rumsey Hall School
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Location: Washington Depot, CT
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Tuition Day Students: $24,190
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Grades: 6-9, All Boys
Location: Deerfield, MA
Tuition Boarders: $56,250
Tuition Day Students: $34,700
Source: IRS 990 Forms as submitted by the School, School's Web site
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Grades: 9-12, PG
Location: Plymouth, NH
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Tuition Day Students: $34,700
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Tuition Boarders: $47,840
Tuition Day Students: $33,490
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Total Compensation: $294,137
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Grades: 9-12, PG
Location: Southborough, MA
Tuition Boarders: $50,975
Tuition Day Students: $40,700
Source: IRS 990 Forms as submitted by the School, School's Web site
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School: The Williston Northampton School
Number of Students: 460
Grades: 9-12, PG
Location: Easthampton, MA
Tuition Boarders: $52,900
Tuition Day Students: $35,900
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Total Compensation: $307,320
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Grades: 9-12, PG
Location: New Hampton, NH
Tuition Boarders: $53,700
Tuition Day Students: $32,700
Source: IRS 990 Forms as submitted by the School, School's Web site
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Total Compensation: $308,140
School: Pomfret School
Number of Students: 357
Grades: 9-12, PG
Location: Pomfret, CT
Tuition Boarders: $52,175
Tuition Day Students: $33,000
Source: IRS 990 Forms as submitted by the School, School's Web site
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Total Compensation: $314,145
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Number of Students: 305
Grades: 9-12, PG, All Boys
Location: Salisbury, CT
Tuition Boarders: $53,700
Tuition Day Students: $43,700
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Total Compensation: $322,320
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Grades: 6-9
Location: Lakeville, CT
Tuition Boarders: $52,000
Tuition Day Students: $27,400
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Total Compensation: $323,754
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Tuition Boarders: $55,598
Tuition Day Students: $31,574
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Location: Concord, MA
Tuition Boarders: $48,050
Tuition Day Students: $38,850
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Grades: 9-12
Location: Byfield, MA
Tuition Boarders: $50,900
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Tuition Boarders: $54,980
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Grades: 9-12, PG, All Girls
Location: Simsbury, CT
Tuition Boarders: $52,300
Tuition Day Students: $33,500
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Location: Sheffield, MA
Tuition Boarders: $52,150
Tuition Day Students: $42,150
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Total Compensation: $342,827
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Grades: 9-12, PG
Location: Simsbury, CT
Tuition Boarders: $54,000
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Grades: 9-12, PG, All Girls
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Tuition Day Students: $31,825
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Grades: 9-12
Location: Saco, ME
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Tuition Day Students: $12,500
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Grades: 9-12, PG
Location: Wolfeboro, NH
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Tuition Day Students: $31,700
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Location: Concord, MA
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Tuition Day Students: $41,800
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Grades: 9-12, PG
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Tuition Day Students: $30,100
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Tuition Day Students: $62,725
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Grades: 9-12, PG
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Tuition Boarders: $52,430
Tuition Day Students: $44,575
Source: IRS 990 Forms as submitted by the School, School's Web site
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Tuition Day Students: $40,245
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Tuition Boarders: $51,950
Tuition Day Students: $40,000
Source: IRS 990 Forms as submitted by the School, School's Web site
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Total Compensation: $555,823
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Grades: 9-12
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Tuition Boarders: $52,615
Tuition Day Students: $37,685
Source: IRS 990 Forms as submitted by the School, School's Web site
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Tuition Boarders: $53,870
Tuition Day Students: $41,960
Source: IRS 990 Forms as submitted by the School, School's Web site
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#6
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Total Compensation: $579,042
School: Phillips Academy Andover
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Grades: 9-12, PG
Location: Andover, MA
Tuition Boarders: $48,850
Tuition Day Students: $38,000
Source: IRS 990 Forms as submitted by the School, School's Web site
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#5
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Total Compensation: $581,493
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Grades: 7-12
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Tuition Boarders: $46,700
Tuition Day Students: $40,900
Source: IRS 990 Forms as submitted by the School, School's Web site
#4
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Total Compensation: $635,392
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Number of Students: 680
Grades: 9-12
Location: Milton, MA
Tuition Boarders: $49,400
Tuition Day Students: $40,550
Source: IRS 990 Forms as submitted by the School, School's Web site
#3
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Total Compensation: $664,679
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Number of Students: 414
Grades: 9-12, PG
Location: Suffield, CT
Tuition Boarders: $50,800
Tuition Day Students: $35,000
Source: IRS 990 Forms as submitted by the School, School's Web site
#2
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Total Compensation: $703,217
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Number of Students: 650
Grades: 9-12, PG
Location: Mount Hermon, MA
Tuition Boarders: $54,700
Tuition Day Students: $37,300
Source: IRS 990 Forms as submitted by the School, School's Web site
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#1
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Total Compensation: $822,011
School: Tabor Academy
Number of Students: 496
Grades: 9-12
Location: Marion, MA
Tuition Boarders: $53,375
Tuition Day Students: $38,250
Source: IRS 990 Forms as submitted by the School, School's Web site
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