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Family files lawsuit against Leechburg Area School District over former student's rape in bathroom

Family files lawsuit against Leechburg Area School District over former student's rape in bathroom
Family files lawsuit against Leechburg Area School District over former student's rape in bathroom 02:23

LEECHBURG, Pa. (KDKA) -- A local family has filed a lawsuit against the Leechburg Area School District after they say their daughter was sexually assaulted in the middle school bathroom in 2021. 

The Marsh Law Firm held a news conference via Zoom Friday morning where the lead attorney, Amy Mathieu, broke down the case. 

"In August 2021, when my client was 13 years old, she enrolled in the Leechburg Area School District," Mathieu said.  

In November, Mathieu said her client was still adjusting to her schedule and making friends and decided to stay after school for a program where you can do extra credit.  

"There was no attendance taken during this so the administrators and the teachers didn't know what students were staying after school," Mathieu said.  

"A boy in her class, an eighth grader, lured her into a bathroom. She said no. He said, 'I just want to show you something funny,'" Mathieu said. 

Mathieu said her client went into the bathroom with him when she was attacked.  

"They were in the bathroom together for 24 minutes," Mathieu said. "Not a single teacher or administrator walked by in the hallway during this 24 minutes."  

Mathieu said her client was raped. She said the victim told a friend who then reported it to the school.  

"The principal interviewed my client and made remarks like, 'Are you sure this really happened? Your story is different than the perpetrator's story,'" Mathieu said.  

She said both students were suspended. Later, the suspect faced several charges, including rape, and pled guilty to a lesser misdemeanor charge.  

Now Mathieu said they're fighting to hold the district accountable.  

"My client brought this lawsuit to hold the school accountable for allowing this viscous attack to occur on their property while they are supposed to be overseeing and supervising the children of the school district," Mathieu said. "It's the school's burden to protect students while they're at school, while they're in their care. It became clear that the school failed to fulfill that duty. As a result, my client was brutally assaulted in a bathroom on school property during a school-sanctioned after-school program."  

Mathieu said this isn't the first incident to happen at the school. She said in 2016, a boys basketball team was under investigation for hazing.  Also in 2016, she said a child brought a fully loaded semi-automatic weapon to the school.  

"A third incident was when a substitute teacher was accused of inappropriately touching a female student for three months," Mathieu said.  

Mathieu said the school needs to be held accountable for a pattern of negligence. 

"The family has been devastated by this as you might assume. The parents want justice for their daughter," Mathieu said.  

Andrew & Price serves as the solicitor's office for the Leechburg Area School District. They said they are unable to comment pending litigation. 

The Marsh Law Firm is seeking a jury trial along with compensation for damages and pain and suffering. 

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