Lawsuit filed after rape accusations |

Lawsuit filed after rape accusations

A Bear River High School student and his mother have filed a civil suit against those who accused the boy of raping a student on campus last year.

The suit, against two students and a student’s mother, was filed Thursday in Nevada County Superior Court and seeks unspecified compensation for emotional distress, defamation and malicious prosecution.

The alleged assault took place in a restroom Oct. 28, 2003, during the accuser’s third-period class on the Bear River campus. The Nevada County Sheriff’s Office concluded two months later that there was no concrete evidence of a crime.

In February, the District Attorney’s office, after investigating the case, declined to file charges, according to the lawsuit.

(Because of The Union’s general policy against naming juveniles involved in criminal cases, the newspaper has chosen not to identify those named in the current lawsuit.)

In the court filing, attorney Stephen Munkelt said that the girl made accusations of rape knowing they were false.

The lawsuit was filed against the accuser, her boyfriend and her mother. Ten other defendants were listed anonymously, though the filing said more names could be added as they are determined.

A restraining order sought by the mother of the accuser against the plaintiffs in the civil suit was denied in June, according to the filing.

Munkelt, who represents the plaintiffs in the civil suit, called the allegations “a smear campaign … which traveled through the community and caused harm to (the plaintiff) and his family.”

Munkelt, who was vacationing in Australia, wasn’t immediately available for further comment.

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