Rape allegations against autistic student at Fishers Junior High School

HAMILTON COUNTY, Ind. – A lawsuit filed against Hamilton Southeastern Schools alleges that a middle school student with special needs was repeatedly raped by a classmate in a restroom last year and that school staff did nothing to intervene or stop the incident.

Lawyers for the family of a 13-year-old boy with intellectual disabilities alleged in a lawsuit filed Tuesday that the child was forced to perform sexual acts on another student in the bathroom of an HSE middle school more than 10 times between August 2023 and January 2024.

The child, identified in the lawsuit under the pseudonym “James,” is an HSE student who has autism, a speech impediment and an intellectual disability that qualifies him for special education in the Indiana public school system. He is also protected by the Americans with Disabilities Act.

Attorneys for James’ family claim in the lawsuit that several employees of the Hamilton Southeastern School Corporation and the entire school district failed to protect the student and failed to take appropriate action after being informed of the alleged rapes.

While James was attending an HSE middle school during the 2023-24 school year, he was sexually assaulted and raped multiple times by a student who was not in his special education class, according to lawyers. The rapes all allegedly took place while the seventh-grader was under staff supervision.

In November 2023, James’ parents became suspicious that something had happened to their son after he began exhibiting anxiety at school. He reportedly began asking his parents about AIDS and asking them what rape was.

Around 2 February 2024, James’ parents were contacted several times by HSE officials and counsellors regarding “concerning behaviour by another student towards James”. When the parents asked their son about the incident, James became “very anxious and upset” and remained silent.

After a meeting at school about a field trip about a week later, James allegedly pointed to a school bathroom and told his father that “he was raped and forced to have sex there.” Later that night, James told his parents that he had been “sexually assaulted” at school.

The lawsuit says James was repeatedly forced to perform oral sex on another student. He described gagging, shortness of breath and intense shame, fear and anxiety about getting in trouble.

James also told his parents that the student had threatened him not to tell anyone what happened in the bathroom. The student also reportedly added his phone number to James’ phone, under the contact name “Daddy (boy’s initial).”

The lawsuit states that James’ parents went to the school the next morning and asked to speak to the school’s principal, Crystal Thorpe, but she “refused to talk” even when she learned of the alleged abuse. Eventually, the lawsuit says, an assistant principal “reluctantly” agreed to talk.

“After the parents explained the situation, the deputy headmaster simply asked the parents what they
“What would he want to do in this situation,” the lawsuit states. “He did not present them with any options or a plan of action.”

The parents then went to the police to report the rapes and then sought medical, psychiatric and psychological help for James. The lawsuit states that the parents’ lawyers then requested access to all school records relating to James.

Upon reviewing the documents, parents discovered that the sexual abuse began in August 2023 and continued for over five months. School records show that James was sent messages on his iPad at least 11 times telling him to use the bathroom.

Further investigation revealed that the school had filed a report of the abuse with Child Protective Services sometime between January 31 and February 7, which lawyers called “inadequate and inaccurate” and “did not capture the full extent of the ongoing sexual abuse.”

“Even after this happened and his sexual assault and rape were reported, parents were dismayed to learn that the dangerous perpetrator was still attending school and that the school had taken no steps to remove him from the school environment.”

In subsequent visits to therapists and medical specialists, James’ parents were told their child now suffers from depression, anxiety and post-traumatic stress disorder as a result of the abuse. Lawyers say he has since expressed suicidal thoughts and questioned whether it was his fault. James will reportedly require extensive therapy and care “possibly for the rest of his life.”

The lawsuit, filed Tuesday, names Hamilton Southeastern School Corporation as a defendant. Also named in the lawsuit are:

• Superintendent Patrick Mapes,
• Headteacher Crystal Thorpe,
• Vice Principal Tige Butts,
• Teacher Helen Estep,
• Title IX Coordinator Jimmie Lake and
• Career advisor Basel Maarouf.

While the lawsuit does not specifically name which school the alleged abuse occurred at, records indicate that Crystal Thorpe served as principal of Fishers Junior High School during the 2023-24 school year.

The lawsuit seeks compensation in the form of judgments against all defendants, damages to compensate for losses, legal fees and more. James and his family are represented by attorneys Tammy J. Meyer and Catherine M. Michael.

“No parent should ever have to learn that their child was abused at school,” Meyer said in a statement Tuesday. “This is a coercive system; we entrust our children to these institutions every day. The fact that this happened on their watch is inexcusable.”

FOX59/CBS4 reached out to Hamilton Southeastern school officials for comment on the lawsuit and had not received a response as of the time of publication of this article.