News, views and top stories in your inbox. Don't miss our must-read newsletter Sign up Thank you for subscribing We have more newsletters Show me See our privacy notice Invalid Email

A 14-year-old special needs pupil was raped in her school toilets after teachers set up a trap to catch an alleged sexual abuser by using her as 'bait' - but then forgot about her.

Staff at Sparkman Middle School, Alabama, were investigating complaints that a 16-year-old student with a long history of sexual and violent misconduct had been harassing several girls.

Teachers received complaints that the boy, who also has special needs, had been asking girls to have sex with him.

So one teacher's assistant told the 14-year-old girl that staff could punish him, but only if they could "catch him in the act."

When none of the school staff followed her into the toilets immediately, she was sexually assaulted and raped.

The incident happened in January 2010 but was made public today after a legal document was published addressed to the United States Court of Appeals from the victim's guardian, backed by the US Department of Justice.

(Image: Google Maps)

In the report, it is alleged staff 'shredded disciplinary files' at the end of each year and relied on their memory to keep track of records - including those of the 16-year-old male.

But the report highlights how in 2008 he 'touched girls in inappropriate places' and wrote an 'inappropriate note' asking them to have sex.

Over the next two years he was suspended for 'sexual harassment' and 'making inappropriate comments' and was suspended after stating he 'would like to kill' one student.

In January 2010, several reports were made that he had 'repeatedly been trying to get girls into the boys' bathroom' and that he 'had sex with a student in the bathroom' on the special needs student corridor - but he denied these accusations.

It was reported that the school's principal Ronnie Blair told one member of staff that the 16-year-old could not be punished because he had not been 'caught in the act'.

So when a 14-year-old female pupil came forward alleging she'd been harassed into meeting him in the toilet for sex, a teaching assistant told her to meet him in the bathroom where teachers could be positioned to catch him "in the act" before anything happened.

The girl reluctantly agreed but when she went to the bathroom no teachers were present and she was raped.

After a five-day suspension and hearing, the boy was sent to another school - but returned after 20 days. The girl moved to another school.

The brief, filed by the US Department for Justice, stated: "...a school administrator willfully ignores a plan to use a 14-year-old special needs student as bait to catch a student with a known history of sexual and violent misconduct, and as a result, the student is... (raped).

"...a jury could easily conclude that the school acted with deliberate indifference when, despite two sexual misconduct complaints... it provided him unsupervised access to students and failed to protect (the victim)."

Several months after the incident, principal Blair told Al.com: "It's a sad situation. At the same time, I feel very comfortable with the way the situation was handled. That's about all I can say."

The Madison County Board of Education released the following statement: “The attorneys for the Board of Education and school officials are confident that the 11th Circuit Court of Appeals will rule in favor of the Board and the administrators. Our attorneys recommend that we not discuss ongoing litigation.”