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Buffalo YMCA Lawsuit: Girl, 11, Raped at Camp

By Cynthia Hsu, Esq. on May 24, 2011 6:48 AM

A Buffalo YMCA lawsuit has levied some serious accusations of child rape. A 12-year-old girl, raped on the premises, gave birth earlier this year. She named the rapist, a former YMCA camp counselor, as the father. The attacks allegedly occurred at a YMCA Buffalo, in the basement sauna room of the facility.

The girl was 11 at the time. According to her attorneys, she not only became pregnant as a result of the attacks but also contracted a sexually transmitted disease, reports The Wall Street Journal. She was assaulted twice by the same camp counselor.

The alleged perpetrator committed the rapes when he was 17. The lawsuit the girl's family has filed against the YMCA alleges that they were negligent, according to The Wall Street Journal. The perpetrator is facing felony rape charges.

The YMCA lawsuit says that the Buffalo YMCA branch was negligent in its hiring, retaining, training and supervising the former camp counselor, reports The Buffalo News.

According to the family's attorney, John Elmore, another YMCA employee had witnessed the child's rape, who reported the incident to YMCA authorities, reports The Wall Street Journal.

The YMCA investigated internally, and "chose to believe the perpetrator," says Elmore, according to WIVB-TV.

The YMCA has made a statement where they said that an employee was removed due to inappropriate conduct between the camp counselor and a camper, reports WIVB-TV.

Employers can be on the hook for their employee's actions if they are negligent. Negligent hiring cases tend to hinge on the fact that an employer hired someone without checking their background enough, giving them potential victims.

The YMCA could also have been negligent in the way that it handled the situation, by not reporting the alleged rape to the police after one of their own employee's brought it to their attention.

The Buffalo YMCA lawsuit is still in its beginning stages, as are the criminal charges of child rape against the alleged perpetrator.

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