LEWISTON — A former Lisbon High School student has been granted a six-month protection from abuse order against the classmate whom she alleges sexually assaulted her in the high school parking lot in April.
Both parties agreed to the order approved by a judge in Lewiston District Court on Friday.
The 18-year-old alleged victim lives in Sabattus and was a student at Lisbon High School when she alleges she was sexually assaulted by a male classmate.
Justin Leary, who represented the 18-year-old defendant in the civil proceedings, called order a compromise between both parties.
Leary said Monday that his client denies the allegations, “and I think the scrutiny of the facts supports his position.”
No charges had been filed against the defendant in Lewiston District Court as of Monday.
The investigation by Lisbon Police Department has been turned over to the Androscoggin County District Attorney’s Office to determine if charges will be filed. Assistant District Attorney Lisa Bogue declined to comment Monday on the case.
An agreement preventing contact between the victim of an alleged sexual assault at Lisbon High School in April and the alleged perpetrator was approved by a judge in Lewiston District Court Friday. Times Record photo by Darcie Moor
The Times Record does not name victims or alleged victims of sexual assault without their consent.
In court documents detailing the allegations, the alleged victim wrote that she was in her car with the defendant on April 25 when he asked her if she is sure she is gay.
“I was very put off and said yes I’m positive,” her complaint states. “He then kept saying ‘are you sure,’ ‘maybe you’re bi.’ I kept saying ‘yes, I’m gay,’ ‘I’m not bi’ and then he said, ‘let’s test the theory’ and I got super scared and told him to get out of my car.”
He did not get out, and he forced her to touch him, she said.
Her complaint with the court alleges he continued to sexually assault her before exiting the vehicle. The alleged incident occurred between 2:25 and 2:45 p.m. She was taken to Central Maine Medical Center, where evidence was collected.
The alleged assailant attempted to convince a judge to throw out the bid for a protection order, which was denied by the court on May 17.
“At no time did I touch the plaintiff in any manner without her consent. At no time did I force (the) plaintiff to touch me nor did I engage in any sexual act without her consent,” he wrote in court documents.
The 6-month protection from abuse order prevents the defendant from having any direct or indirect contact with the alleged victim, entering her residence or repeatedly being at or in the vicinity of her home, school or place of employment.
Leary said his client, who lives in Lisbon Falls, is moving.
“He has no plans to have contact with her,” Leary said. “We believe a thorough investigation will bear out his version of what happened and we’re hopeful no criminal charges will be brought.”
An attempt to reach the alleged victim’s attorney for comment Monday was unsuccessful.
The alleged victim told The Times Record last month that the security cameras in the student parking lot didn’t capture the incident because of a blind spot. She and several fellow students held a protest outside the school May 7 in response to the alleged sexual assault and the fact that the school had allowed the alleged perpetrator to return to school. They also called on the school district to take additional safety measures to protect students.
Superintendent Richard Green said on May 7, “We addressed (the incident) based on the information we have. Once we get the investigation results, we’ll address it again if needed.”
As of Monday, Green still had not heard any updates from the DA’s office.
Green has argued both students had a right to public education in the absence of criminal charges filed.
Green said Monday the security cameras have been fixed so the parking lot is now in full view. He said the police department has applied for a federal grant that would add up to four more surveillance cameras to the new video recording system throughout the school district.
As for support service, Green said that after the alleged assault, students had access to a district social worker, a crisis manager, and a letter was sent home to parents listing various supports for students. He plans to meet with the high school principal and social worker this week to make sure their list of student support services are up to date.
If you have been the victim of a sexual assault, call or text the Maine Sexual Assault hotline at 1-800-871-7741 or visit mecasa.org.
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