Joint Statement from Stop Sexual Assault in Schools and I Have The Right To, April 24, 2024
Jury Rules Against Survivor in Sex Abuse Cover-Up Case at Fairfax County Public Schools
Alexandria, VA – In a disheartening verdict delivered on April 24th, a federal jury in Northern Virginia ruled against “Kate,” a former student at Rachel Carson Middle School within Fairfax County Public Schools (FCPS). At the time of the alleged abuse, Kate was only 12 years old. She bravely filed a Title IX lawsuit alleging the school’s failure to act on her reports of sexual harassment and violence, which only intensified her suffering through retaliation. Despite presenting strong evidence, the stringent legal requirements under Title IX culminated in a verdict that sharply illustrates the substantial challenges survivors face in seeking justice.
“This outcome starkly illustrates the formidable hurdles survivors encounter within the legal system,” stated Esther Warkov, Executive Director of Stop Sexual Assault In Schools (SSAIS). “Kate’s distressing experience and the jury’s decision underscore the urgent need for legislative and judicial reform to enhance protection and justice for survivors.”
Kate’s ordeal began in 2011 when she reported a sexually hostile environment at her school, including unwanted advances, touching, sexual slurs, and death threats by older students. Despite her detailed pleas for help, including a two-page email to her principal, the school’s response was grossly inadequate, exacerbating her trauma. This neglect was confirmed by a rape kit that showed internal injuries “consistent” with Kate’s allegations of abuse. A school psychologist later substantiated that Kate required disability accommodations for “PTSD related to trauma, harassment, and bullying.”
After nearly a year of homebound instruction, her family felt compelled to relocate out of state. Kate’s plight led to a 2012 administrative complaint, prompting the U.S. Department of Education’s Office of Civil Rights to mandate a 2014 settlement that required FCPS to revamp its approach to sexual misconduct—a directive FCPS failed to follow, as evidenced by sanctions in a subsequent sexual assault case.
During the trial, Kate faced relentless character attacks from the defense, led by attorneys of Hunton Andrews Kurth representing Fairfax County Public Schools. They utilized an old and familiar tactic used by complicit institutions called DARVO, which stands for Deny, Attack, Reverse Victim and Offender. The strategy called for denial of any claims by Kate, attacking the victim as a serial liar, and claiming the 12 year old victim was actually the aggressor who attacked her perpetrator.
“The verdict in this case is of course a supreme disappointment” stated Alex Prout, co-founder of the Washington DC based advocacy org, I Have The Right To. “But we are so proud of Kate, who used her voice as a 12 year old, on her own behalf, and on behalf of other bullied students at Rachel Carson Middle School, and she has continued to use her voice to speak her truth for the last 12 years. And we are aghast at the tactics and behavior of FCPS and their army of lawyers who used their unlimited resources to silence and marginalize one of their own students.”
A statement from our brave survivor, Kate:
“For more than a decade, I have stood against the Fairfax County School Board hoping for justice and accountability. Today’s verdict is a somber reminder that the fight for survivors’ rights, Title IX enforcement and K-12 accountability is far from over. We will continue to demand change until survivors’ voices are heard, believed and empowered.”
This case highlights the urgent need for reform, particularly concerning the onerous standard requiring survivors to prove “deliberate indifference” by educational institutions. Recent Supreme Court rulings that further restrict the damages victims can recover only exacerbate the challenges faced by survivors.
The prevailing legal framework imposes undue burdens on victims, retraumatizing them and enabling character attacks while protecting alleged perpetrators. “Kate’s bravery in confronting her abusers and the institution that failed her should galvanize us all to advocate for laws that genuinely protect our children and ensure no other victim endures such an ordeal,” added Susan Prout, co-founder of I Have The Right To. “This case is not just a loss for Kate; it represents a systemic failure affecting all victims of school-related abuse seeking justice.”