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LOUISVILLE, Ky. (WDRB) -- A Jefferson County Public Schools student has gone to court to force the school district to protect her from a boy who sexually assaulted her. She claims she has been placed in the same classroom as her attacker.
The girl was assaulted on a school bus in March 2012. Now she claims in court that JCPS is not doing what it should to protect her from one of the attackers.
The student, identified only as T.H., said six boys held her down on a school bus, tore off her clothes and sexually assaulted her.
Attorney Ted Gordon said the six were convicted in juvenile court and ordered to have no contact with his client.
But now, according to Gordon, one of the attackers has been placed in the same classroom with her at Western High School.
"He's on whatever juvenile offenders program he's supposed to be on," said Gordon. "There was notice given to JCPS. This is absolutely ridiculous. We want to protect our client."
In court, Gordon said the school district has an obligation to protect T.H.
"We've tried to clear the schools that any of the perpetrators would be in," Gordon told Circuit Judge Mary Shaw. "We thought Western was clear. Three days after that, T.H. is placed in that class."
But Tyson Gorman, an attorney for JCPS, told Shaw the district was not aware of the no-contact order.
"I'm happy to take a look at the order and take any and all steps necessary to comply with it," said Gorman. "But I simply can't comply with something I haven't seen. Neither can the school board."
Judge Mary Shaw ordered that JCPS be given a copy of the order and that it be taken to Western's principal for action.
The judge will decide later whether to grant Gordon's request for a new order to keep the boy at least 500 feet away from T.H.
Meanwhile, the girl's mother says her daughter wants to leave Western because she fears for her safety.
"Everywhere she goes, she has to look over her shoulder because JCPS is not doing what they're supposed to do for her safety," said Crystal Bennett. "To me, it's like they don't care."
"It shouldn't have happened, so let's make sure it doesn't happen again," added Gordon.
A spokesman says JCPS will have no further comment on the case. Both sides are due back in court on Jan. 31.