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Tuesday, August 3, 2010

A former Upper St. Clair High School student who already claimed she had been raped once was raped again on school property after school officials used her as bait in a failed attempt to catch students they believed were having sex in the building, her attorneys claim.

The allegation was made in a lengthy response filed by attorneys for the unidentified former student against the district's motion to throw out the lawsuit brought by the former student. Upper St. Clair school district is asking U.S. District Chief Judge Gary L. Lancaster to find in its favor, arguing that the plaintiffs cannot prove the district was deliberately indifferent to the possibility that the student would be assaulted.

According to the brief by the student's attorney, on Feb. 4, 2008, the girl went to one of her teachers, Esther von Waldow, and told her that a boy, with whom she'd had previous problems, had forced her to have sex with him after school. The Post-Gazette does not identify victims of sexual assault and has not identified the accused rapist, who pleaded guilty in juvenile court to sexual assault.


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