The family of a girl who was raped in a classroom trailer at Eastern Guilford High School is suing the school board, saying the school’s negligence allowed the attack to occur.
The rape took place in December 2003 when the girl was 15. She later switched schools and has since graduated. The News & Record does not name victims of sexual assault.
Her assailant, Kentrell Marshall Mitchell, was convicted last year of second-degree rape and second-degree sex offense. Mitchell, who was a 16-year-old ninth-grader at the time of the attack, was sentenced to at least six years and eight months in prison.
The family’s attorney, Jeff Peraldo, said that the school did not do enough to prevent the attack.
“Parents have an expectation that the school will act reasonably and appropriately… to protect their children,” he said. “We think they just failed in that regard.”
The suit was filed earlier this summer. School district attorney Jill Wilson said schools do not comment on pending litigation.
According to prosecutors and witnesses in the criminal trial, the rape occurred after the girl borrowed a teacher’s keys to the classroom, saying she needed to retrieve a paper.
Mitchell, who was nearby, overheard the conversation and followed her to the trailer. He told the girl he needed something from the classroom as well.
Once there, Mitchell, who had flirted with her a week before, overpowered her and raped her, according to trial testimony.
She didn’t report the rape immediately. It came to the attention of administrators two days later after her cousin told a teacher.
Mitchell maintained at the trial that the two began touching each other and that she never told him to stop.
Peraldo said Mitchell had a history of discipline problems and suspensions. He said the school should have realized he was a threat and that the teacher, who is no longer employed by the school district, should not have given the girl the keys in his presence.
The school also either didn’t have a policy on giving keys to students or didn’t enforce it, according to the suit.
Although the girl was in the classroom for about 30 minutes, no one went to check on her when she didn’t return quickly, according to the suit.
Peraldo said the girl is coping with what happened but still has some emotional issues.
“She is doing as well as one could expect for a victim of rape,” he said. “I think it’s obvious that it’s never going to go away. I’m sure it’s something she’s going to carry with her for the rest of her life.”
Peraldo said if the case does not get settled in mediation, it might take 18 months to get to a jury.
September 15, 2006 – Source: Jason Hardin, Staff Writer, Greensboro News & Record
