[Cboldt]

-- A 14yo special needs kid legally cannot "assume the risk" of getting raped. --

That's just stating your preferred conclusion. Bear in mind that the argument doesn't go against (for) the rapist, criminal acts remain criminal acts. The legal point is civil liability to the school. If the girl knew the risk (getting raped), and went in anyway, the school will argue that she voluntarily assumed a known risk. Her age isn't relevant. The legal question is did she know what risk she was assuming. I think the answer to that is "yes," because she didn't want to do it, at first. She was given assurance by administrators. Nobody forced here into the boys room. She went in because (she made a mistake) she trusted the administrators.

If somebody, even a government official, tells you to do something you know is at least wrong, if not illegal (in this case, "go in the boys room"), don't do it!

[caligatrux]

That's just stating your preferred conclusion.

Wrong. Whether the girl said "yes" to the activity is immaterial to the School's civil liability. Assuming the risk is an affirmative defense to negligence which the School cannot establish because the girl cannot expressly or impliedly assume the risk of staturory rape. A minor cannot legally consent to sex, just like a minor cannot expressly consent to assuming the risk.

The fact that the girl might get sexually assaulted by the boy was emaninately foreseeable by the School because school employees instructed her, a minor in their care, to pretend to agree to have sex with a boy who was asking her to have sex and who was involved in previous incidents of sexual misconduct.

The act or omission constituting negligence occurred at that point, even though the harm occurred sometime later. The fact that the girl said "yes" to the boy before the sex is immaterial because its statutory rape.

[UCANSEE2]

Her age isn't relevant. The legal question is did she know what risk she was assuming.

Well, yes it is relevant, and she was ASSURED she would not be at risk by ADULTS IN AUTHORITY OVER HER (and responsible for her safety).

The alleged ADULTS had no business asking a minor to participate in an ADULT ACTION, especially one with danger.

The alleged ADULTS did not get permission from her parents, yet the same child would have to have a DOCTOR's and PARENT's written consent to take an aspirin while in school.

If they did not get permission from her parents, they are guilty of violating school policy and STATE and FEDERAL LAW.