Can’t sue rapist

8th-grader vic waited too long to file vs. jan­i­tor

New York Daily News - - NEWS - BY STEPHEN REX BROWN

A di­ag­no­sis of PTSD is no ex­cuse for a woman’s fail­ure to promptly sue the city over a sadis­tic Brooklyn school jan­i­tor who re­peat­edly raped her on mid­dle school grounds, a judge ruled.

The woman, now 21 years old, sued the city last year for ig­nor­ing ob­vi­ous red flags about jan­i­tor Am­biorix Ro­driguez, who main­tained a dis­turb­ing crash pad in the base­ment of the Mid­dle School for Mar­ket­ing and Le­gal Stud­ies in East Flat­bush.

Ro­driguez (photo) raped the woman around 40 times in 2010 and 2011 when she was in eighth grade and at­tend­ing the school. The jan­i­tor is serv­ing a sen­tence of 20 years to life.

In a ruling made pub­lic Tuesday, Jus­tice Verna Saun­ders wrote that the vic­tim had un­til Feb. 1, 2017, to file a late notice of claim be­cause she was a mi­nor at the time of the in­ci­dent. She filed the claim, the first step to­ward a law­suit against the city, on Aug. 30, 2017.

“Un­der these cir­cum­stances, no cure is per­mis­si­ble and the ac­tion must be dis­missed,” Saun­ders wrote.

The woman had sub­mit­ted a psy­chi­atric re­port back­ing up her ar­gu­ment that the statute of lim­i­ta­tions should be waived.

“(She) suffers from PTSD, and this, in com­bi­na­tion with her painful ex­pe­ri­ence tes­ti­fy­ing in court, made speak­ing about her sex­ual trauma so painful that she was es­sen­tially psy­chi­atri­cally in­ca­pac­i­tated from work­ing with a lawyer and su­ing for dam­ages un­til rel­a­tively re­cently,” Dr. Roy Lu­bit wrote. Aside from 10 min­utes of tes­ti­mony dur­ing Ro­driguez’s trial in 2013, the woman had barely spo­ken about the abuse un­til she was in col­lege, the re­port said.

The trauma has con­tin­ued.

“As a child rape vic­tim, I live in con­stant fear that the de­fen­dant or his fam­ily will find me and cause me harm. I no longer feel safe at school; be­ing alone; or in the pres­ence of strangers — par­tic­u­larly men. I tried to seek coun­sel­ing but find it im­pos­si­ble to dis­cuss be­ing raped out of enor­mous sense of anx­i­ety and per­sonal shame,” she said in a court doc­u­ment.

Her law­suit fea­tured dis­turb­ing pho­tographs of Ro­driguez’s creepy den of de­gen­er­acy in the school base­ment known as “the pen.”

The cramped space was ac­cessed through a locked steel door past the boiler room.

Mold crept up the wall next to couches, a tele­vi­sion, a DVD player, a re­frig­er­a­tor and weights. The bizarre boiler room hide­away was on the DOE’s radar prior to the as­saults, pa­pers show.

Once in 2004, a cus­to­dial en­gi­neer smelled al­co­hol on Ro­driguez’s breath when he went to col­lect a pay­check. The en­gi­neer then found two six-packs of Heineken in a trash can in Ro­driguez’s “pen.”

Ro­driguez was busted twice on pot-re­lated charges, in 2003 and 2007, and was sus­pended with­out pay — but later re­turned to his job.

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