Ex-pupil sues private school for £1.5m ‘after teacher raped her in a tent aged 13’
A FORMER pupil who claims she was raped by a teacher during a camping trip is suing a top private school for £1.5million in damages.
The woman, who is now in her mid-40s, claims that she was subjected to the premeditated attack in 1987, when she was aged 13.
She has now been given the go-ahead to launch her legal claim for the recordbreaking amount.
In a written judgment issued at the Court of Session, Lord Woolman ruled that the interests of the woman, known as ‘A’, outweighed any potential prejudice which could be suffered by the high-profile Scottish school, referred to in court papers as ‘XY’.
The school argued that the £1.5million claim was ‘excessive’ and that the woman’s problems may have been caused by ‘other
‘Premeditation and a breach of trust’
adverse life events’ she had suffered. But Lord Woolman ruled: ‘The pursuer plainly has a financial interest in favour of the action proceeding, but she also has a vital interest in securing justice. On her account she was the victim of a detestable crime.
‘Rape lies at the top end of the calendar of offences.
‘The teacher’s conduct, if proved, had aggravating elements. It involved premeditation and breach of trust. He took advantage of a child in a vulnerable situation.
‘The consequences of his behaviour have been lifelong.
‘In the circumstances of this case I conclude that the scales tip decisively in favour of the pursuer. Accordingly I shall allow the action to continue.’
The former junior school pupil claims she was attacked by the male teacher when she was on a camping trip with other female pupils. She alleges that he raped her in a tent and a criminal case was pursued against him before collapsing at the last minute when another alleged victim decided not to give evidence.
Lord Woolman added: ‘In advance of the camping trip, he told the girls not to pack their swimming costumes as they would be “skinny-dipping”.
‘He also said that three girls would share each tent. But when the group arrived at the campsite, he told them that they were a tent short. The girls would therefore have to take turns to share with him.
‘On the second night, the teacher laced the pupils’ hot drinks with alcohol. When the pursuer entered her tent to go to sleep with two other girls, he was already there.’
The other girls are then said to have left before the teacher allegedly sexually assaulted the youngster. The woman first disclosed this a few years later to a psychiatrist when she was a pupil at the senior school.
Lord Woolman said: ‘Later, the pursuer came across an online forum for former pupils who alleged that they had been bullied at the senior school. In 2013 she reported the alleged incident to the police.
‘Police took witness statements from several former pupils. One alleged that the teacher had also sexually abused her.
‘The police sent a report to the Crown Office. It decided to prosecute the teacher on several charges involving both complainers, including the rape of the pursuer.
‘A trial was scheduled for 2014 but it did not take place.
As I understand matters, the Crown case depended on mutual corroboration.
‘Shortly before the trial was due to commence, the other complainer felt unable to give evidence. Without her testimony there was insufficient evidence in law to ask a jury to return a conviction.’
He said the pursuer had gathered documents relating to the case and claimed the sum was reasonable in the circumstances because it had affected her whole life, including her mental health and relationships.’
Lord Woolman added that the school had lost documents in a fire and the action was only possible because of changes in the law to protect victims of historic abuse.
He said: ‘In 2001, employers became vicariously liable for the criminal acts of their employees. In 2017, limitation was removed for persons who claimed historic child abuse.
‘In consequence the defender is now potentially liable to pay a large sum by way of damages.’
‘Laced drinks with alcohol’