School District Claims Student ‘Was Herself Responsible’ For Being Raped
Source: Think Progress
School District Claims Student ‘Was Herself Responsible’ For Being Raped
By Ian Millhiser posted from ThinkProgress Justice on Nov 5, 2012 at 4:50 pm
Kristen Cunnane at the time of her abuse
Two teachers at Moraga middle school in northern California sexually abused Kristen Cunnane in the 1990s. One, former P.E. teacher Julie Correa, received an eight year sentence for committing multiple sex crimes against Cunnane. The other, former science teacher Daneil Witters, committed suicide after several students came forward with allegations against him in 1996.
Now an adult, Cunnane filed a lawsuit against the school district that employed these two teachers, seeking compensation for being raped and abused for several years. In response to her legal complaint, the district offered a surprising defense:
Defendants allege that Plaintiff was herself careless and negligent in and about the matters alleged in the complaint, and that said carelessness and negligence on said Plaintiff’s part proximately contributed to the happenings of the incident and to the injuries, loss and damages complained of, if any there were . . . .
Alternatively, defendants allege that Plaintiff was herself responsible for the acts and damages of which she claims herein, and by reason thereof is stopped from obtaining any damages as result thereof.
Just in case this dry legal language is not clear, the school district claims that Cunnane was “herself responsible” for the fact that she was repeatedly sexually abused by her school teachers, beginning at age 12. Or, just in case a jury won’t buy that claim, that she was “careless and negligent” in the matter of her own rape.
Read more: http://thinkprogress.org/justice/2012/11/05/1141331/school-district-claims-student-was-herself-responsible-for-being-raped/
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roguevalley
(40,656 posts)
genna
(1,945 posts)of itself.
What parent would feel comfortable dropping their children off to these predators?
Swede Atlanta
(3,596 posts)doing what they are hired to do - defend their client. In private practice, based on the facts asserted here, I would not have taken the case. But likely the legal defense strategy was crafted by in-house counsel or a firm the school regularly uses. As such they are putting forth the best possible defense even if that defense appears paper-thin and contrived.
It does seem totally absurd to blame the plaintiff in this case. Even if she, as a 12-year old, paraded around provocatively, dressed inappropriately, engaged in inappropriate dialogue and interaction with her abusers, she is not responsible. She was a minor at the time and not only is there a general legal duty to protect minors but this happened in the context of a trusted relationship - teacher or school official and student.
It is disgusting but I understand the rationale for the school to assert these defense claims.
LittleGirl
(8,999 posts)but the defense smells to high heaven. Unbelievable that they would try to pin this rape on a minor.
jerseyjack
(1,361 posts)garthranzz
(1,330 posts)THAT would be in the clients' best interest and that of everyone else.
In cases like this it's time bring back corporal punishment.
The Sandusky defense?
The school board members should now be held personally liable, and their own assets seized.
Heinous, despicable. The lawyer should be disbarred and the school board members...
enough ranting. Let me put this simply - for what those teachers did and what the school board is trying to do
THERE IS NO DEFENSE
CreekDog
(46,192 posts)to say that the victims --those killed by a neighborhood rupture of a gas line may have been at fault.
living so close to what happened, i was already angry at PG&E, but after that motion, i just plain wanted them shut down. maybe they'll save some money in damages, but everyone here hates them, just hates them (the company --the workers aren't blamed).
dixiegrrrrl
(60,160 posts)CreekDog
(46,192 posts)In a surprise move, PG&E said in court documents that victims of the deadly San Bruno pipeline explosion are partially responsible for it because of alleged “negligence,” the Chron reports. The utility, however, did not explain how the victims of the blast could have been negligent or how they could have played a role in an explosion that killed eight people and destroyed a neighborhood. PG&E also argued in court that any victim who received money from the utility for damage to their property should not be able to sue for additional funds, even though PG&E said earlier that the payouts — $15,000 to $50,000, depending on severity of damage — would not affect civil lawsuits. PG&E also is seeking to blame a sewer contractor for the pipeline blast, saying the work it did in 2008 likely weakened the pipe, even though investigators have so far said a faulty weld in the pipe, coupled with too much pressure in the line, was the likely cause of the explosion.
Manifestor_of_Light
(21,046 posts)the child was a minor and not able to give legal consent to sexual activity. Teachers breached their fiduciary duty to the child.
This will not wash as a legal theory. No legal capacity.
Non-practicing attorney here.
This goes far beyond a general denial.
genna
(1,945 posts)The defendant school district is going above and beyond a general denial.
They are targeting a recovering rape victim and saying you were to blame for your rape. Our hiring practice, managing our staff, and having adequate supervision is not to blame. Just you, rape victim, with the clothes, the gender, and the making adult perverts want to attack you.
Everyone deserving an adequate defense has nothing to do with the defense put forward in this case.
Ken Burch
(50,254 posts)to a class-action suit by every parent in the district? The unspoken implication in using the "she asked for it" strategy, clearly, is that the district can't guarantee that none of its employees are sexually attracted to children. Big long-term legal risk in going there, no?
genna
(1,945 posts)The blowback from that school district parents and other voters will negate the possibility of winning one case.
If one of those parents can find a group of raped students, they are going to start looking like other failed institutions like the Boy Scouts case and the Catholic Church cases.
What good is it to win one defense theory in light of not being able to get parents to trust future scout leaders, a priest to ever gain a parent's support in mentoring their child's spiritual growth, or parents to allow their children to ever be subject to any disciplinary practices where their child is alone with an adult in that school district?
lilithsrevenge12
(136 posts)I think I might actually vomit after reading this! Repulsive...
Supersedeas
(20,630 posts)Kelvin Mace
(17,469 posts)I would be happy to go there just as long as I could watch these people burn.
Plucketeer
(12,882 posts)a 16-year old niece of ours deliberately walked in front of a semi after living with the shame and torment of being molested by a school swimming coach. She's dead and that disgusting sack of shit still walks free.
Divine Discontent
(21,057 posts)they will answer for it one day, I truly believe that. and the OP is very disgusting. I know lawyers have to defend every way they know how, but ugh, talk about sleazy and immoral, attacking the raped girl as being responsible is sickening!
Kelvin Mace
(17,469 posts)without a LOT of treatment.
christx30
(6,241 posts)Guy was out of jail after his 4th DUI. Gets drunk, starts driving home. Kid on a bicycle. Guy runs over the kid, putting him in the hospital. Guy ends up in jail again, this time looking at life in jail. Guy sues the parents of the kid, saying that if the kid was at home where he should have been, the guy wouldn't be in jail. I looked for the story, but I couldn't find it. I wouldn't be surprised at all if it were real.
Kelvin Mace
(17,469 posts)You can sue anyone for any reason, but that doesn't mean you will succeed. His case was probably thrown out for the BS it was.
Manifestor_of_Light
(21,046 posts)It's called a Motion for Summary Judgment. Filed by the defendant. And if the judge thinks there is no issue there, he or she can dismiss the case. simple.
Kelvin Mace
(17,469 posts)And if you have been a big enough dick, the judge may dismiss the case with prejudice (you can never bring this issue to court again), and order the plaintiff to pay costs.
christx30
(6,241 posts)I could find it to assuage my fears that this dwi asshole could have won. Parents that are going through something like that shouldn't have to also deal with a lawsuit.
Criminals shouldn't get to sue their victims.
My uncle owned a furniture store back in the 80's. Some asshole got hurt breaking into his store to steal stuff. He sued my uncle. During the hearing, my uncle was not allowed to bring up the criminal act as reason for the injury. It was a long time ago, so I don't remember why. But the asshole won, and my uncle had to give asshole money. So I don't trust the court system to do what's right.
Kelvin Mace
(17,469 posts)if you have a homeowner's (or business) policy, this would cover such issues. Some insurance companies will fight, others may settle if they think it will cost less than a fight. My experience in researching these type of suits is that the suit is thrown out. In egregious cases, the suit may be declared "frivolous" and the plaintiff sanctioned.
Manifestor_of_Light
(21,046 posts)Scuba
(53,475 posts)... just like that church official that said the little boys were seducing the priests. They're fucking nuts!
TDale313
(7,822 posts)Are they seriously claiming the 12 year old was asking for it?!? Wtf?!?
InsultComicDog
(1,209 posts)it's pretty outrageous that they're trying it
reflection
(6,287 posts) geek tragedy
(68,868 posts)However, some boilerplate needs to be removed in cases like this, such language being an obvious example.
Why is the language in there? Because if it's not included, it's generally waived as a defense.
Still, stupid to include it.
cosmicone
(11,014 posts)and he said that their lawyers used every defense available in their answer to the complaint which is common practice. He said that if they didn't defend the lawsuit, they would be negligent in the protection of the taxpayers.
Amazing.
Wait Wut
(8,492 posts)This is beyond sickening. It also brings a horrible reality into the spotlight. This happened in the 90's. This is 2012.
Think about this...
How many children are being abused/neglected today that are too afraid to come forward? How many will suffer years of anguish and misery because they feel 'guilty' or 'untrustworthy'? How many schools, teachers, parents, friends, etc...will ignore the signs.
This is heartbreaking. By the time a child becomes an adult, the abuse is seen as an 'excuse' to get attention or money. But, few people listen to a child. Not only that, but a 12 year old child has no idea what the long-term affects are of abuse.
CRH
(1,553 posts)but I do trust in the courts of California, and I'll bet the farm this defense is not only shot down, but admonished. These are the kind of defenses that result in large settlements.
KamaAina
(78,249 posts)albeit in relatively moderate Contra Costa County.
alp227
(33,282 posts)Someday we may hear Akinese spoken by politicians/teachers/whoever in all 50 states.
WCLinolVir
(951 posts)As a Contra Costa native, it is hard to believe. Wow. I don't care what the age, blaming the victim is the bottom of the barrel. And I don't care why they put that out, it is detrimental to society at large, but especially past and future victims.
MissMarple
(9,656 posts)The school board is clueless. It makes you wonder if someone on the board or even the superintendent was around in those days. It almost sounds like panic.
Hekate
(100,133 posts)Really really nauseous.
Hekate
KamaAina
(78,249 posts)Colbert nailed it: "Dear repukes, just shut up about rape!"
jtuck004
(15,882 posts)
freshwest
(53,661 posts)No, let's start at newborns. Adam and Eve sinned, thus as soon as the child is born, it needs to be saved from Original Sin.
Oh, no, I think I just demolished the innocent unborn theory. Guess I'm going to hell, now.
Better than the insanity of living with this depravity.
qwyatt
(9 posts)And a Romney presidency will bring in a government that is even worse for women..
Hepburn
(21,054 posts)...boilerplate Affirmative Defenses. I have a list of about 20 that I use -- and delete the ones that do not apply.
Most likely not valid defenses...but some asshat new admittee or law clerrk just plugged in the usual verbage in the answer to the complaint while listing the Affirmative Defenses.
GodlessBiker
(6,314 posts)If I were the school district, I would be pissed off about the negative publicity this will cause (unless, of course, the district reviewed and approved it).
Hepburn
(21,054 posts)...is sent out for signature all by itself and a rep of the district (or whatever organization is being represented) signs on behalf of the defendant. And if no verification on the answer (because not a verified complaint), then some asshat just signed the answer on behalf of the defense firm and never took a look at the affirnmative defenses.
Some law firms are really sloppy ~~ you have no idea what I have seen over the years. Makes my skin crawl to have people like that in the same profession I am in.
Here is a link to some "usual and standard" California Affirmative Defenses. Note: If an Affirmative Defense is not pleaded in the answer, it is waived...that's why so many are just added as boilerplate.
http://www.californiacivilprocedure.com/Cal_Civ_Pro_Form_Practice_Directory_Answer_And_Affirmative_Defenses.htm
Does not excuse what the defense firm did...but I can see how sloppy legal pleading and work product caused this mega fail.
Edit for typo
begin_within
(21,551 posts)
reACTIONary
(7,162 posts)...I don't know the facts in this case, but that could be true. The school is defending ITSELF, not the rapists, who have already been dealt with.
awoke_in_2003
(34,582 posts)do we live in? I sometimes think the millennium jump went from 1999 to 1900.
d_r
(6,908 posts)because the minor can NOT be responsible by definition.
Xithras
(16,191 posts)Statutory rape charges in California apply to sex with minors 14 and older. At 12, it's simply rape or child molestation, depending on how the prosecutors want to charge it.
d_r
(6,908 posts)and it is freaking sick
Shrike47
(6,913 posts)I remember an afternoon when we tried to decide if we could, with a straight face, argue that intentionally breaking a baby's leg did not cause the substantial impairment of the use of a limb. She was too young to stand up, you see...
Vincardog
(20,234 posts)
Blue_In_AK
(46,436 posts)used by insurance defense lawyers (I know -- I worked for them for years) in personal injury-type lawsuits. That being said, i really think this particular lawyer should have taken more care to tailor his answer to the specifics of this particular claim. It's hardly a slip-and- fall.
TahitiNut
(71,611 posts).... I'd want to find TWICE for the plaintiff... once for the rapes and sexual abuse of her as a minor and AGAIN for the RAPE of her as a plaintiff.
Blue_In_AK
(46,436 posts)I doubt this case will ever get to a jury, though.
SoapBox
(18,791 posts)there is no war on women by the Pukes and Baggers.
Think again maybe?
...all this stuff is so pervo.
HockeyMom
(14,337 posts)even if she is a toddler or a grandma. Welcome to the the past century, people. WOMEN, and female babies and Seniors, TEMPT men into it.
Rape has nothing to do with SEX. It is about POWER over another human being. We have go back again to this concept?
L0oniX
(31,493 posts)Dont call me Shirley
(10,998 posts)HooptieWagon
(17,064 posts)I hope she not only collects compensation, but a large amount in punitive damages. I understand counsel's position, but to use that as a legal defense is ludicrous and frivolous. I hope school system pays extra for that line of defense.
proReality
(1,628 posts)Spitfire of ATJ
(32,723 posts)These defendants know this and to attack the victim with the political rhetoric floating around today just shows how bone dead stupid they are.
Do they think Republicans are going to swoop in and rescue them?
Curmudgeoness
(18,219 posts)I certainly hope it goes to a jury trial.....this won't fly with ordinary people.
patrice
(47,992 posts)in any power relationship, it is the person/entity with the majority of the power who is RESPONSIBLE for what happens.
Apparently, administrations only assert administrative power when they want to and don't assert it when they don't want to, hence, when they do assert anything like control, it's either through mob-rule or coercion.
Suji to Seoul
(2,035 posts)Power is used to quell individuality and only to produce conformity.
When a group of parents show up angry, most administrators melt like ice cream in the sun. When a student does something a teacher does not like, the administrator sees an opportunity to exert their power.
I tried other ways to use the authority I had and got LAMBASTED to the point that I resigned in protest and when overseas. This was six years ago and I haven't looked back since.
patrice
(47,992 posts)I loved teaching. Loved what happens when students discover something motivating in the curriculum. Loved my content areas, certifications in English and also in Psychology.
Could not handle how the high schools were being run, how political everything was especially standards and grading, how everyone thought that all they needed was the "answer book" and they could teach too, which is what computer-based education is about.
wordpix
(18,652 posts)
Canuckistanian
(42,290 posts)I mean SYSTEMATICALLY wrong, if this woman doesn't receive justice.
Honest to God, what is is happening to America that this can take place?
McCamy Taylor
(19,240 posts)
appleannie1
(5,457 posts)are concerned.
underthematrix
(5,811 posts)mother phuckers. We get that the CHILD's abusers are some sick phucks but when the adults who should have been protecting the child are also sick phucks then we are in serious trouble.
patrice
(47,992 posts)any child, what. the. HELL. were. they. doing in a classroom??? And isn't the district/administrators responsible/culpable for hiring teachers who could be controlled by a kid?
How much are all of them being paid for this incompetence and malfeasance?
naaman fletcher
(7,362 posts)It's probably not the school district who wrote this, but, rather, their insurance company.
wordpix
(18,652 posts)colluded to keep this quiet. "Multiple sex crimes"----did no adults at the school hear/see anything unusual? I've taught in schools most of my adult life and trust me, I've heard and seen plenty of things I've gone to admin's, school psychologists and social workers about, including teachers who abuse students, drug addicted parents, kids who are stoned coming to class...
People need to speak up when they see/hear something amiss, or even rumors that appear true when one sees a student with a certain teacher.
Response to kpete (Original post)
D23MIURG23 This message was self-deleted by its author.
Odin2005
(53,521 posts) BlueMan Votes
(903 posts)
lexx21
(321 posts)and beat the living shit out of them. I can't even BEGIN to express the rage I feel reading this.
What amazes me is that a lawyer would even consider responding in such a way.
Arazi
(8,887 posts)
Doodler71
(443 posts)To try and traumatize the victim/plaintiff into giving up. Even if she jumped on the man naked and kissed him, she was under the age of consent AND AND AND he was in a professional position of power & trust.
The school district is facing huge monetary loss and they are grasping. This is an old dirty trick to try and unhinge the plaintiff by psychologically attacking them pretrial. The hope is the client will become so stressed the thought of a lengthy legal battle will become so unappealing they will drop the lawsuit.
Trillo
(9,154 posts)or the Taliban, or the Religious Right?
In California, proposition 30 passed. We pay to put other people's kids through school. But the school claims kids her age are responsible. If they're responsible, then why do the rest of us choose to pay for them? Is it because the masses are stupid?
If the schools will say this in public, imagine what they're doing to the kids in private.
Oubaas
(131 posts)So where in Somalia did this happen?
California, USA?
I don't know whether to puke or rage.
I'm surprised the school administrators didn't recommend female circumcision to prevent future incidents of this sort.
I'll never miss an election. Not even if I have to crawl there from my death bed. This election proved that we can drive the forces of darkness back into their pit.
Let us not forget this one.
4th law of robotics
(6,801 posts)I don't expect it'll be at all successful.