Mother's suit claims son was raped in Robertson Co. school

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The mother of a 5-year-old boy has filed a federal lawsuit against Robertson County Schools claiming her child was enticed with toys and money and then raped multiple times by two older students in a Cheatham Park Elementary School bathroom last month during an after-school program.

The lawsuit accuses the district of violating the boy's civil rights by failing to train its employees to keep its students safe. It also says school officials ignored warning signs that the boy may have been victimized.

While such cases represent a parent's worst nightmare and surface occasionally across the country, the scope of the problem isn't known. But national sex abuse prevention experts say the consequences of such incidents are severe, both for the victim and his parents and for the school district, which can be held liable under federal education laws. The experts say training, education and candid talk can help protect children.

The school system on Wednesday declined to answer questions about the case, including whether any of the children involved had returned to school. The lawsuit identified one of the older boys as 9 years old but did not give the age of the other, and none of the children were named.

"We cannot comment on pending litigation on the advice of counsel," said schools spokesman Jim Bellis.

Springfield Police Chief David Thompson said his department, the Tennessee Department of Children's Services and prosecutors investigated the allegations, but no charges were filed.

"All of the suspects and victims were juveniles and I think a major part of the reason that no one decided to prosecute was because they are so young," he said.

Found by a teacher

The lawsuit, filed Friday in federal court in Nashville, seeks unspecified monetary damages and does not identify the boy or his mother.

Early last month, the mother went to pick up her son at the school and was told to talk to a specific teacher regarding "an incident" that had happened. The lawsuit said a teacher had found the boy inside a bathroom stall engaging in sex acts with an older male student, the suit said. The boy told his mother that the student had raped him before, using money and toys to entice him into a bathroom stall, the suit said. He said a second student had also raped him, the suit said.

The mother's attorney, Melissa Blackburn, said the boy is still enrolled in a Robertson County school, but has been pulled out of the after-school program and is undergoing counseling.

"We have represented children who have experienced sexual traumas for many years," she added. "They all have anger issues. They all have behavioral issues. They don't want to go to school. They act out. They all seem to exhibit the same behaviors and this child is exhibiting all these behaviors."

Instances rare among children so young

Monika Johnson, executive director of the Washington, D.C.,-based National Alliance to End Sexual Violence, said rape allegations involving two students so young are rare and impossible to quantify, particularly because reporting is spotty. In Tennessee in 2013, there were only 12 cases reported to police involving children under 10 being sexually abused by other young children at a school or daycare, according to the Tennessee Bureau of Investigation.

"In terms of students, it's usually the older, 14, 15 year olds," Johnson said. "Definitely not as common in terms of small children. In most cases smaller students have (higher) student-to-teacher ratios, so there is more guidance in terms of supervision."

But Blackburn has two other pending lawsuits with similar accusations: a second Robertson County case involving students at East Robertson Elementary School, and a case in Cheatham County involving a foster child repeatedly abused sexually on a county school bus by another student.

Schools that fail to protect children from such dangers could be violating federal laws. The Allentown (Pa.) School District was sued in 2006 by several parents of students who alleged repeated sexual abuse. The families settled out of court and a federal judge ordered ongoing oversight of the school district to ensure students are protected.

Training needed

Part of that oversight requires the district to have serious training to protect students — a critical step for any school district, Johnson said. She said teachers are often the first line of defense in discovering that something is wrong in a student's life.

"Those whose job is to take care of kids have to understand the dynamics of this, to look for warning signs," she said.

According to the latest lawsuit, Robertson County schools had zero training on how employees should deal with potential sex abuse and, when served with the East Robertson Elementary School lawsuit, simply implemented a single video as their training.

"It's not adequate or appropriate in my opinion," said Johnson, who added that meaningful training would include multiple sessions and discussion.

Even more important, Johnson said, parents should talk to their children early and often about the issue and keep tabs on their behavior.

"It's daily conversation. Clearly if your child's behavior changes, that's something you need to talk about," she said. "Is something happening? Just asking probing questions can help make sure your child's safe."