Arrest Made After 14-Year-Old High School Student Sexually Assaulted in Gainesville

On September 21st, 2024, The Independent Florida Alligator reported that a 14-year-old high school freshman was sexually assaulted on campus at Gainesville High School. An 18-year-old student is now facing a sexual battery charge. Here, our Miami sexual assault attorney explains what we know about this case and explain when a school can be held legally responsible for an assault in Florida.

The Incident: Sexual Assault Reported at High School in Florida 

The Independent Florida Alligator has confirmed that a high school student in Gainesville—an 18-year-old senior named Andre Steven Foster—has been arrested and charged with felony sexual battery for assaulting a classmate, a 14-year-old freshman. The incident happened during school hours, on campus within a stairwell in the building. The minor victim told officers from the Gainesville Police Department that she repeatedly told the offender “no”, yet he forced sexual intercourse on her against her will. The victim also told police that she was previously assaulted by the offender on school grounds.

 Third Party Liability: Student Assault Victim May Have Civil Claim Against a School 

Sexual assault (sexual battery) is a serious crime in Florida. The offender can be charged and held accountable. With that being said, other parties may bear liability as well. A student who is sexually assaulted on campus may have a civil claim against the school. Here are key points to know:

• Understanding the School’s Duty of Care: Schools in Florida have a legal obligation to provide a safe environment for students. The duty extends to both preventing and addressing sexual assault. If a school is found negligent in its duty—such as failing to adequately supervise, ignoring previous complaints, or not enforcing protective policies—it can be held liable through a civil claim.
• The Remedy (Damages): Through a civil sexual assault claim, a student (and their family) can seek all available remedies against a negligence school, including financial compensation. Along with other things, victims of sexual assault may seek damages for pain and suffering, emotional distress, and medical expenses for psychological and physical treatment. Further, in some cases, punitive damages may be imposed on the school to punish it for its gross negligence.
• The Process for a Claim: Parents of the student should ensure that the sexual assault is reported right away. Collect any evidence related to the incident, including eyewitness accounts, communications (emails, texts) regarding the incident, and any prior reports of similar issues at the school. A Florida civil sexual battery lawyer can help your family navigate the challenges of the claims process.

 Consult With a Florida Sexual Assault Lawyer Today

At Pike & Lustig, LLP, our Florida sexual assault and battery attorneys are committed to fighting for the rights and the interests of victims. We put victims first each and every step of the way. If you have any questions about bringing a civil sexual assault claim against a school or another educational entity, we are here to help. From our offices in Miami and West Palm Beach, we advocate for the rights of victims throughout Southeast Florida.

Source:

alligator.org/article/2024/09/gainesville-teen-arrested-for-sexual-assault-battery-at-local-high-school