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Friday, December 9, 2005
Girl ruled blameless in sex with teacher
OLYMPIA -- A 13-year-old girl cannot be held at fault because her teacher had sex with her, the state Supreme Court ruled Thursday, rejecting a school district's argument that it shouldn't have been sued because the girl was partially responsible.
The girl was an eighth-grade student at Royal Middle School in the central Washington town of Royal City in 2001 when the sexual relations occurred with a 26-year-old teacher, Steven Diaz. Diaz was arrested and entered a modified guilty plea.
The girl and her family sued in U.S. District Court for the Eastern District of Washington, accusing the Royal School District and Principal Preston Andersen of negligence for failure to supervise and for negligent hiring of the teacher.
Under state law, it's criminal for a teacher or anyone else in a position of power, such as a priest, to have sexual relations with anyone under the age of 18.
The court wrote that in the particular civil case before it, "a child under the age of 16 may not have contributory fault assessed against her for her participation in a relationship."
The district and Andersen argued that contributory fault applied because the girl "had a duty to protect herself against sexual abuse but failed to do so." The trial court deferred ruling pending an answer from the state high court.
In its 7-2 ruling, the court ruled that criminal laws protecting children from sexual abuse apply equally in civil cases concerning sexual abuse. The court also dismissed the defendant's assertion that the girl consented to the relationship.
Attorney Jerry Moberg, who represents the district, said that he had not decided whether to ask the court to reconsider.
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