A horrific tale from the schoolyard, after an 11-year-old girl says she was raped behind a school in Troy, by a 12-year-old boy.
That boy is now under arrest.
The girl says it happened on Friday, at School 12 in the city, located on First Street near Harrison Ave. The girl says the two were playing, and when she ran back behind the school, that is where she says she was assaulted.
The victim’s attorney says the two Troy students were playing with friends on the playground, the day after Thanksgiving.
“The rapist said, ‘let’s race back to the dumpsters behind the school’, and the rapist engaged in oral and actual sex with the victim,” says Mathew Tully, attorney for the girl’s family.
Afterwards, Tully says, the girl’s friends ran to get help. The girl, just 11-years-old, was taken to the hospital for an evaluation.
The family attorney says that is where the Rensselaer County District Attorney’s Office should have picked up the case, but did not.
“She (Rensselaer County District Attorney Trish DeAngelis) has closed the door on the 11-year-old child,” Tully says. “This child is not receiving any of the sexual victim’s counseling that is given to other victims that are prosecuted through the DA’s office.”
But it was not up to her, according to DeAngelis. The law, she says, keeps her from stepping in.
“If I walked into Family Court on a case like this for a 12-year-old, the judge would look at me and say, ‘what are you doing here, you have absolutely no jurisdiction here’,” DeAngelis says.
DeAngelis says the county attorney, who is handling the case now, is the only one who can prosecute, because of the age of the accused. It is the same reason police wanted to keep this incident quiet.
“Because of the age of the victim involved, we did feel it was appropriate to keep this case under the radar,” Troy Police Detective Sergeant John Cooney says. “Mr. Tully has changed the face of this case for our victim.”
We are told that the boy is in a secure detention center.
The Troy City School District is also being tight-lipped about the incident, releasing a statement Tuesday, saying that, “administrators always follow up with disciplinary action when the code of conduct is violated and we have proper jurisdiction.”
The school attorney says the district is still investigating whether they have jurisdiction, because school was not in session at the time.