A woman has brought a High Court action alleging that, when she was an 11-year-old pupil at a Dublin national school, she was sexually assaulted by four boys during a lunch break and threatened she would be killed after school if she told.
The woman, now aged 26, claims that, despite her complaints about the first assault and an alleged undertaking by the school that she would not be left with the boys again, she was left with them on a later second occasion when she was verbally assaulted and threatened she would be killed.
She alleges both incidents occurred in 1992, the first when a teacher had just left a class to go for a 15-minute lunch break.
Four boys then carried out a serious and gross assault, she claims. The boys had also tried to drag her from the classroom into the school toilets, it is alleged.
It is also claimed the boys threatened that if she cried out for help or told the teacher, she and her friend would be killed after school.
When she later made a complaint to the teacher who had left the class, that teacher had responded: "I think the boys like you," she also alleges. She claims there was a failure to deal properly or at all with her complaint.
She claims that after the assault perpetrated by four Traveller boys, she had cried for assistance and asked a teacher not to leave the classroom and leave her with the boys, or alternatively allow her to go home. However, she claims, she was left with the boys and further incidents had occurred involving her being approached by a boy who got down on all fours saying he had not seen her private parts and it was his turn now.
The action was brought by the woman against the board of management of the national school and and also against the Minister for Education and Science, Ireland, and the Attorney General.
However, the State defendants yesterday applied to Mr Justice Peter Charleton to have the action against them dismissed. They alleged inexcusable delay in bringing the action and denied the claims.
Without prejudice to those denials, they pleaded that if the assaults happened as alleged, the State defendants had no legal responsibility and the board of management of the school was at all times responsible for its management and day- to-day running.
After talks between the sides, the judge was told the woman had agreed to withdraw her claim against the State defendants. She is maintaining her claim against the board of management and the court will also have to determine claims of indemnity involving the board and the State defendants.
The woman alleges the first assault occurred on a day when her own teacher was not in school and she was placed in a different class where the four boys were.
She claims failure to properly supervise the class and recklessness or indifference to the welfare of the children. As a result, she claims she sustained serious personal injuries, trauma, psychological damage, loss and damage.
She claims her initial reaction to the incidents was of tearfulness and fear. When the initial shock settled down, she experienced behavioural difficulties which had not existed for her before, it is claimed.
Prior to the alleged incidents, she was in the top class in her school and doing fairly well academically but afterwards she began to develop a rebellious and anti-authority attitude, it is claimed.
