Reversing a lower court’s ruling, the State Supreme Court decided to allow an alleged rape victim to sue the University of Maine System.
The woman is seeking at least $1 million, claiming UMS was negligent in her alleged rape in the summer of 1997 when the then 17-year-old was staying on USM’s Gorham campus for pre-season soccer practice.
The matter was referred back to Cumberland County Superior Court and likely won’t be heard until next spring, according to UMS attorney Patricia Peard.
On Aug. 28, 1997, the girl returned to campus after attending a fraternity party. She walked home with a young man, who said he had friends in her dorm, Robie-Andrews, according to a summary in the Supreme Courts decision.
Later that night, the young man went into the dorm room and sexually assaulted the girl.
The girl and her family claimed the University didn’t inform her about proper security measures and that the building wasn’t adequately staffed.
The alleged perpetrator was never found.
In 1999, the victim and her parents filed a lawsuit against UMS for negligence, negligent infliction of emotional stress and breach of an implied contract.
The courts sided with UMS on two occasions.
But on June 26, 2001, the State Supreme Court reversed the lower court’s previous decisions on negligence, noting “the victim never met with a resident assistant and was never told about campus security measures,” according to its ruling.
The Cumberland County Superior Court needs to reconsider if the University violated its duty to provide sufficient information on personal safety.
The family could not be reached at their Standish home for comment.
UMS attorney Peard said she would not comment on the details of the case.
“I believe when the facts are presented to the jury, it will be clear the University has met its responsibilities,” said Peard.
The victim never attended classes at USM. Since the alleged incident the victim has lived in California and Florida and spent time living on the streets, according to court documents.
Staff Writer Erin Zwirn can be contacted at: [email protected]