A Westchester County, New York school has blamed a 14-year-old girl for her alleged rape on school grounds, claiming there was 'contributory negligence and assumption of risk'.
A lawsuit against the school district claims the victim was grabbed by her throat, led into a stairwell and raped by a fellow student at New Rochelle High School on March 4, 2020.
All of this happened while the victim screamed and yelled, 'No,' according to court documents reviewed by the Daily Mail.
The stairwell was monitored by a security camera, which captured footage of the attack.
The suspect was arrested by New Rochelle police within days of the alleged rape, but the records are sealed because he was charged as a juvenile offender, New Rochelle police said.
The alleged victim and her mother are now suing the school district for unspecified damages.
Insurance lawyers for the school district said in a March 31 response to the lawsuit that the district wasn't negligent and isn't 'at fault or culpable.'
'Furthermore, there was contributory negligence, assumption of risk, contributory fault and/or culpable conduct attributable to the plaintiffs, to the extent of total and/or partial diminution of damages alleged in the complaint,' the school insurance company's lawyers wrote.
A teenager was raped inside New Rochelle High School, where it was caught on security cameras, according to the family's lawsuit. Lawyers representing the school blamed the victim, which sparked a protest on Saturday.
Dozens of New Rochelle High School students and community leaders protested the rape and the school district's lawyers' response that blamed the victim.
The suspect walked the victim back to class after the rape and passed a security guard, who didn't say anything, the victim's family said in it's lawsuit, which was filed on March 11 this year in Westchester County Supreme Court.
The victim and suspect had a history with each other, according to the lawsuit.
It claims that the suspect had bullied the victim for more than two years, but the school district never intervened or helped.
The school district's response sparked a protest of dozens of parents and students on Saturday outside of New Rochelle High School.
Nearly everyone during Saturday's protest outside of New Rochelle High School in Westchester County, New York, held creative signs supporting a rape victim.
They voiced their anger and held signs saying 'Stop victim blaming.'
'They said this 14-year-old girl, it's her fault, even though the boy had a history. They knew!' Lily Benedict, a New Rochelle High School junior who was one of the students who demonstrated, told News12.
Mother Kim Benedict said: 'Instead of spending money on lawyers defending ourselves from our mistakes, perhaps we can put it into training security guards.'
Freshman student Iyla Blough said: 'He should be expelled for assaulting student and probably go to some juvenile detention because that's what happens in the real world - you go to jail for raping someone.'
The school district told DailyMail.com it is preparing a statement that may be released sometime today.
It told News12 on Saturday: 'As with all pending litigation, we're unable to provide any further specific comment upon the complaint at this time.'