in brief: school district says ‘carelessness’ behind former student’s sexual assault
Kristen Cunnane at the time of her abuse
A California woman, Kristen Cunnane, is suing her former school district for the sexual abuse she suffered at the hands of two of her teachers from the time she was 12-years-old. The school’s defense: it was her fault.
Cunnane was a student at Joaquin Morega Intermediate School in California in the ’90s. The teachers accused are physical education teacher Julie Correa, and science teacher Daniel Witters. Witters committed suicide after other students came forward with their stories in 1996. Correa was convicted last December, and is serving an eight-year sentence for her crimes.
Cunnane is now seeking compensation from the school that employed both Correa and Witters, reports website Think Progress. Cunnane suffered rape, sexual abuse, battery, kidnapping and stalking from Correa, and constant harassment from Witters, whom Cunnane alleges, the school knew had a record of sexual assault since at least 1990.
The school – or rather, the school’s lawyers – are operating on the defense that Cunnane’s own carelessness, not the school’s negligence, was responsible for her abuse,
‘These answering Defendants allege the 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…’
How exactly a 12-year-old is ‘carelessly’ culpable in her own rape, abuse, and harassment at the hands of two adults isn’t made clear, but the school is sticking by its defense. In a public statement Morega School District superintendent, Bruce Barns said their response was not meant to cause Cunnane ‘any further distress’, adding:
‘However, this is a significant case that could have serious consequences for our school district. She is demanding several million dollars in damages. As a result, at this point in the proceedings we have an obligation not to waive any potential legal lines of defense.’
This story, like the cases out of Penn State and The Horrace Mann School, paints a disturbing picture for students who are victimised by educators and authority figures, and does little to encourage parents who trust these institutions to protect their children.
These cases also tacitly tell predators that their employers will stand behind them by maintaining a code of silence and avoiding any and all responsibility.
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