Wednesday, December 01, 2004

UPDATE Elite school settles rape claim

Elite school settles rape claimDecember 1, 2004
http://www.news.com.au/common/story_page/0,4057,11555863%255E26462,00.html
AN exclusive Sydney girls school today reached a settlement with a former student who alleged she had been gang raped on a school study trip to Italy.
Agreement ... the overseas rape claim has been settled.The 18-year-old, known only as N, claimed she was raped by four men in the Italian town of Sorrento while on a school trip in October 2001.
She was suing Tara Anglican Girls School in the NSW District Court, claiming the school breached its duty of care.
But when the trial resumed after lunch today her lawyers told the court a settlement had been reached for an undisclosed amount.
"I'm pleased to announce that the parties have in fact reached an agreement as to the resolution of the matter," her barrister Richard Burbibge, QC, told the court.
N had sued the school claiming it did not properly supervise her on the trip or offer adequate counselling and support following the alleged rape.
Earlier in court the teenager denied she had lied about being gang raped to avoid getting into trouble with her teachers and parents.
Under cross-examination, N insisted she did not make the story up to avoid being punished for breaking school rules, including being out after the 10pm curfew.
"In order to avoid being criticised or getting into trouble, you concocted the story that you were raped," counsel for the school, Ian Harrison SC, suggested. The girl replied: "No".
The court was earlier shown surveillance video of N in a Sydney pub, drinking alone at the bar.
She had previously told the court she did not like going out alone because of what happened to her in Italy.
"Your condition does not prevent you from going out alone and socialising?" Mr Harrison asked.
"It does not prevent me, but it makes me extremely uncomfortable," N replied.
The teenager sought unspecified damages, saying she suffered flashbacks of the attack and recurring nightmares, and harmed herself during bouts of severe depression.
She told the court she had never been kissed before the overseas tour when, aged 15, four men raped her on a car bonnet in an alleyway.
N said supervising teachers and parents offered her no emotional support, with one saying: "You don't look like you've been raped."
She denied telling them she felt "excited and flattered" by the male attention or that she "wanted to see how far it would go".
Her chaperones said it would be traumatic to press charges, and pressured her to sign a statement saying the sex was consensual, she said.
N said she was sent home early as punishment and a teacher made her withdraw money from an ATM at the airport to pay for her cab fare and morning-after pill.
She did not return to classes at the North Parramatta school and was made to sit School Certificate exams alone in a room next to the office of principal Carol Bowern, who told her "to apologise to the teachers for breaking the school rules".
Mrs Bowern - who was in court taking notes throughout the proceedings - denied that publicity surrounding the case had tarnished the school's image.
"The school's reputation hasn't been damaged," she told reporters outside the court.
She refused to comment on the terms of the settlement. AAP

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