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02/24/2012 11:00 PM

Madison Teen Sues Over Alleged 2009 Gang Rape


A 15-year-old Connecticut girl who says she was raped by five classmates at a 2009 party when they were all in middle school has filed a lawsuit against the boys as well as their parents, accusing them of failing to supervise their children.

Attorney Jonathan Einhorn confirmed to The Associated Press on Friday that his clients are defendants in the lawsuit filed by the Madison girl and her mother in New London Superior Court. Einhorn, who represents two parents and their son, declined to comment on the lawsuit's allegations.

A state judge has taken the unusual step of sealing the entire case file from public view, so a copy of the lawsuit is not available. A court hearing is set for Monday on whether to continue the sealing.

The girl says in documents in another court case that she was raped at a New Year's Eve party in 2009 when she was 13 at a home in the shoreline town of Madison. She claims a sixth boy took photographs of the assaults and showed them to other students at Polson Middle School, which the girl and boys all attended at the time.

Those allegations are spelled out in a pending federal lawsuit the girl filed in September against Madison school officials. That lawsuit alleges that school officials, after learning about the rape allegations, failed to discipline the boys, allowed them to remain in school and took no actions to prevent the boys from having contact with the girl while in school. The Madison Board of Education denies those allegations in court documents.

The girl "was subjected to repeated contact with and harassment by the assailants, the photographer and their friends," the lawsuit said in accusing school officials of inaction.

The girl has suffered emotional distress and her mother has been forced to pay for her to attend an out-of-town education program, the lawsuit said.

The federal lawsuit also says all the boys pleaded guilty to the assault allegations in juvenile court, where all documents are sealed from public view.

The girl's lawyer in the new lawsuit, Matthew Auger, did not immediately return phone messages on Friday. Lawyers for six other couples and their sons who were named in the lawsuit also didn't immediately return phone messages. It's not clear why a seventh boy and his parents are also being sued.

State court rules on sealing documents and files say a judge must determine that a plaintiff's or defendant's interest in keeping information from public view overrides the public's interest in viewing documents.

It's not clear why a judge sealed the entire case file in the lawsuit against the boys and their parents pending Monday's hearing. A note detailing why a judge sealed a document or file is supposed to be made public and placed in the court file. But there was no such note in the file of the girl's lawsuit, a court clerk said Friday.