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NEW HAMPSHIRE: St. Paul's-Concord sued by rape victim's parents for malfeasance, misfeasance and negligence

NEW HAMPSHIRE: St. Paul's-Concord sued by rape victim's parents for malfeasance, misfeasance and negligence
Elite Episcopal school says lawsuit is without merit

By Mary Ann Mueller
VOL Special Correspondent
www.virtueonline.org
June 6, 2016

CONCORD, NEW HAMPSHIRE -- Late last week, the second shoe dropped on St. Paul's School, the prestigious Episcopal prep school, when the parents of the then freshman girl, who was caught up in the school's secret sex society's Senior Salute, filed suit in the US District Court in New Hampshire, charging that the elite boarding school failed to protect their daughter from sexual objectification, harassment, abuse and dehumanization. The girl's parents also charge that the school did not protect their daughter's well-being and safety while she was a residential student in its care, resulting in "ruinous harm" to her and the family.

The parents of Miss X, who are listed in the lawsuit as "John Doe" and "Jane Doe" -- using pseudonyms to protect their minor daughter's privacy and identity -- are demanding a full jury trial as they seek to hold St. Paul's School (SPS) accountable for its malfeasance and misfeasance in allowing an atmosphere to develop which led to graduating senior Owen Labrie's sexual conquest of their daughter, Miss X, who is referred to as "J.D." in the law suit. The true identity of the plaintiffs and their address, is known to and protected by the court.

The young St. Paul's freshman was allegedly "sexually slayed" by Labrie, on Friday, May 30, 2014 who then had graduated with top honors on June 1, and was arrested by the Concord Police six weeks later for his part in the Senior Salute sex games. As a result, Labrie's plans to attend Harvard, followed by divinity school, were dashed, and he found himself enmeshed in, and convicted through a criminal trial.

The lawsuit all alleges that Labrie "was far from a lone bad apple who failed to accustom himself to SPS culture and abide by school norms. Rather, Labrie embodied the warped culture of sexual conduct and deviant moral norms at SPS."

John and Jane Doe live in a publically undisclosed location within the United States. They are using their attorney's -- Charles Douglas III -- Concord address for filing purposes, to protect their privacy and that of their three daughters.

The lawsuit reveals that at one time Mr. Doe was, himself, a St. Paul's student. He eventually went on into a successful business career, focusing on the Asian market -- Japan, in particular. Up until the 2011 Tōhoku earthquake and tsunami, the Does lived in Japan, where Miss X and her two sisters grew up in a "close-knit, expatriate community in Tokyo." Miss X went to a small Catholic school while living on the east Asian island. The devastating Japanese earthquake forced the Does to relocate to the United States, where Miss X (the middle of three girls) and her older sister, Miss Doe, were enrolled at St. Paul's, their father's alma mater. Mr. and Mrs. Doe willingly sent their daughters to the New Hampshire Episcopal boarding school, seeking to provide them with a safe, secure, and supportive environment in which to complete their high school educations, thus allowing them to grow both academically and socially.

Miss X, then 14, entered St. Paul's as the 2013-2014 school year commenced. Her sister, Miss Doe, was also a St. Paul's student, who started at St. Paul's School in 2011, and graduated in 2014 along with Owen Labrie. It was through Miss Doe that Labrie initially became acquainted with Miss X.

However, it was only after the fact did Mr. & Mrs. Doe realize just how far St. Paul's School "has strayed from its Episcopal religious foundations and moral compass", where female students were subjected to sexual degradation, harassment, and humiliation which included "ogling and catcalls" from the senior boys.

The 34-page lawsuit goes into great detail about St. Paul's Senior Salute -- how it worked. The how and why more than a dozen girls were targeted -- as well as underage girls -- for sexual conquest, including Miss X. Under New Hampshire law, minors under the age of 16 are unable to legally give their informed consent to sexual activity. The lawsuit also outlines the Senior Sex Salute's "scoring" system, how St. Paul's administration apparently turned a blind eye to the practice, how Labrie used the school's e-mail account to connect with Miss X to set up his "score", and his involvement with her which, which according to the lawsuit, included "kissing, digital penetration, oral sex and unprotected vaginal penetration." Miss X was a virgin at the time.

Labrie, a senior, was 18, and he was legally considered an adult man who was sexually engaging with an underage girl and then bragged about it later.

Owen Labrie graduated on June 1. The next evening, Miss X, who was still on campus, was found crying in her dorm by a SPS faulty member. The young student revealed to a faculty dorm resident about the Friday night's unwanted sexual encounter with Labrie. Allegedly, the SPS staffer failed to inform authorities of the incident. It wasn't until Miss X made a tearful midnight call to her mother, that the whole story tumbled out. At that point, Mrs. Doe travelled to Concord to get her daughter medical care and alert the Concord Police Department of the revealing of the sexual assault of her daughter. Police interviewed Miss X on June 4 and made an initial contact with Labrie a week later. By June 16, the Harvard-bound St. Paul's grad was arrested and charged with several counts of aggravated felonious sexual assault, misdemeanor sexual assault, and the felony uses of computer services.

For two weeks last fall, the criminal trial played out in open court, generating national and international headlines turning the he said/she said trial into a media circus. When the Merrimack County Superior Court jury returned with its verdict, Labrie was found guilty of three misdemeanor sexual assault charges, endangeringthe welfare of a child, and a felony count of prohibited use of computer equipment. As a convicted felon, Labrie had to register as a sex offender and faces a year in jail. However, he immediately appealed, and is now seeking to have his conviction overturned, based on alleged ineffective assistance of counsel at his trial.

The now convicted felon was placed under a bond and allowed to return to his mother's house in Tunbridge, Vermont, with a tight 5 p.m. to 8 a.m. curfew. By March of this year, it was revealed that Labrie was frequently in violation of his curfew, travelling to the Boston area to visit his girl friend, see his attorneys and pursue educational opportunities. As a result, his bail was revoked by the Merrimack Superior Court, and he found himself jailed at the Merrimack County House of Corrections. Two months later, the New Hampshire Supreme Court convinced the lower court to reinstate Labrie's bond, allowing the higher court time to act on his appeal to request for a new trial. The Supreme Court could take more than a year to render its verdict.

Currently, Labrie is back in Vermont, again under a tight curfew, but with an ankle monitor to insure the court that he where he is suppose to be during the late afternoon to early morning hours of the day.

The Does' lawsuit against the St. Paul's School comes after Labrie was tried and convicted in a criminal court setting for his part in the "tradition of ritualized statuary rape."

Miss X's parents claim that when she returned to St. Paul's for the 2014 Fall Term, she was met with bullying and mocking. She was also shunned by her friends, other students and staff members. St. Paul's atmosphere became so hostile and unwelcoming that she left in December and did not return for the Winter Term. The lawsuit shows that the Does paid nearly $58,000 yearly tuition for each of their daughters who attended the elite co-ed school.

The St. Paul's incident has been devastating on Miss X ("J.D.") and her parents.

"J.D. has suffered and will continue to suffer for the rest of her life, severe emotional distress stemming from the May 30, 2014 assault," the lawsuit states explaining that her name and picture have been widely disturbed on the Internet. (The working press were under court order not to identify Miss X because she is under the age of 18, however non news bloggers ignored the prohibition.) The high school student continues to suffer from nightmares, night terrors, insomnia and other physical symptoms as a result of the sexual assault. Miss X's "sense of privacy" and "emotional tranquility" has been shattered. She was painted by Internet comments as being a "liar" ... "whore" ... "bitch" ... and bringing "fake rape" charges against an "innocent bro."

In addition, Mr. Does left his lucrative overseas employment so that he could be with his daughter and the family during Labrie's criminal trial, which has resulted in "disastrous financial losses for the family."

The Does are seeking an unspecified "amount in excess of $75,000 in compensatory damages and enhanced compensatory damages to be established at the trial, as well as interest, costs, and other relief as justice requires" for each of five counts against St. Paul's School: Breach of Fiduciary Duty; Negligence; Premises Liability; Intentional Infliction of Emotional Distress; and Negligent Infliction of Emotional Distress.

"J.D. and her family are greatly disturbed by the extent to which the school they once loved so dearly has disappointed them in so many ways," the lawsuit explains. "Almost equally shocking as the school's failure to deal with what Labrie described as widespread "debauchery", is SPS's complete unwillingness to accept any responsibility or to engage in any meaningful reform that would result in a real change to protect children from harm." The Does contend that the events of May 30, 2014, were "entirely preventable" and that the school's top administration was aware of the "nefarious tradition."

St. Paul's posted a short statement about Miss X's lawsuit on its website: "We believe this lawsuit is without merit, and we plan to vigorously defend ourselves. We categorically reject any allegations that St. Paul's School has an unhealthy culture. The safety of our students has been and will continue to be the highest priority for our School."

Meanwhile, life at St. Paul's School goes on. Sunday, Episcopal Presiding Bishop Michael Curry preached at the school's baccalaureate service leading up to graduation.

Mary Ann Mueller is a journalist living in Texas. She is a regular contributor to VirtueOnline

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