Concord
Victims rights advocates and attorneys who have represented families of sexual assault victims in other high-profile cases said on Tuesday they’re dismayed by the school’s request. If granted, they say, it could have a “chilling effect” on other victims’ willingness to come forward.
The latest defense motion landed just days after St. Paul’s said it could not have prevented the sexual assault of the 15-year-old former student by Owen Labrie, of Tunbridge.
St. Paul’s has recommended certain limitations on the family’s anonymity, while at the same time stating it understands the girl has an interest in protecting her identity. St. Paul’s says its right to a fair trial could be compromised if it can’t identify the girl in its pretrial investigation. It further calls for a gag order against the family and its attorney.
“Plaintiffs, through their counsel, have planned and pursued a national and local media campaign against the school while seeking a court order to shield them from any effects of the media coverage they are fostering,” the school said. “These conflicting actions cannot fairly be reconciled.”
The girl’s parents filed the civil lawsuit against St. Paul’s in U.S. District Court in Concord in June under the names John and Jane Doe. The girl is identified in court records as J.D., and the family has asked the court for permission to remain anonymous.
The lawsuit stems from the 2014 sexual assault of the girl by Labrie. The former student’s parents maintain she was the victim of a school-sanctioned tradition known as the “senior salute,” in which upperclassmen solicit intimate encounters from younger schoolmates.
A jury convicted Labrie, now 20, of statutory rape, endangering the welfare of a child and using a computer to lure the girl into their encounter. He has since appealed the convictions and separately petitioned for a new trial, claiming ineffective counsel.
Labrie is out of jail pending appeal, but was recently incarcerated for two months after a judge found he repeatedly violated the curfew included in his bail conditions. He was released from custody in May.
Shortly after his release, the victim’s family filed the civil lawsuit, in which they accuse St. Paul’s of negligence, breach of fiduciary duty and infliction of emotional distress, among other things. The family says damages exceed $75,000.
The school has denied any liability, saying only the girl and Labrie know what happened. However, the two have provided conflicting accounts of that night; Labrie said the sexual encounter was consensual, while the girl said she was raped.
In the majority of federal court cases, plaintiffs legally must file with their real names. Courts will allow anonymity in rare circumstances, and victims rights advocates say the case against St. Paul fits perfectly into that category.
If the girl’s identity were to be made public, the implications would be far-reaching and deter other victims from coming forward, said Lyn Schollett, executive director of the New Hampshire Coalition Against Sexual Assault and Domestic Violence. She said the school already knows the girl’s identity, and keeping it from the public doesn’t compromise the fairness of future court proceedings.
A pretrial conference is scheduled for Sept. 21 in U.S. District Court in Concord.
