HONOLULU – A trial is underway in a mother's lawsuit against Hawaii's public school system alleging her daughter was raped by a classmate.
Her attorney Michael Green told a jury in an opening statement Tuesday that the case is about a failure of accountability. He says officials at Oahu's Waianae (WHY'-uh-nye) High School were "deliberately indifferent" about the alleged 2013 assault in a coed bathroom on campus.
Green says the girl has the intellectual ability of a second-grader and that the boy has a very low IQ. He says it was up to school officials to keep the students safe, including from each other.
Attorneys for the state Department of Education say video surveillance footage shows the two students weren't in the bathroom at the same time.