12/08/2005

By RACHEL LA CORTE  / Associated Press

A 13-year-old girl cannot be held at fault for having sex with her teacher, the state Supreme Court ruled Thursday, rejecting a school district's argument that it shouldn't have been sued because the girl was partially responsible.

The girl was a 13-year-old eighth-grade student at Royal Middle School in the central Washington town of Royal City in 2001 when the sexual relations occurred with a 26-year-old teacher, Steven Diaz.

The girl and her family sued in U.S. District Court for the Eastern District of Washington, accusing the Royal School District and Principal Preston Andersen of negligence for failure to supervise and for negligent hiring of the teacher.

The district and Andersen argued that contributory fault applies because the girl "had a duty to protect herself against sexual abuse but failed to do so." The trial court deferred ruling pending an answer from the state high court on a question of state law.

In a 7-2 ruling, the high court ruled that criminal laws protecting children from sexual abuse apply equally in civil cases concerning sexual abuse.

The court also dismissed the defendant's assertion that the girl consented to the relationship.

"The child, in our view, lacks the capacity to consent to the sexual abuse and is under no duty to protect himself or herself from being abused," the ruling written by Chief Justice Gerry Alexander said.

Sanders wrote that school officials tried to intervene, but that the girl allegedly lied about the relationship, "thwarting the school district's efforts to protect her."

"Children should not be allowed to take advantage of the school's duty by forcing it to pay damages for injuries invited by the student or injuries which the district could have prevented but for obstruction by the student," he wrote.