ELMIRA, N.Y. (WETM) – An appellate court has denied the appeal of the Elmira City School District in a student rape case, deciding that two alleged prior rapes of the student should remain part of the case.

Last month, the case of a disabled EHS student who was allegedly raped multiple times and impregnated in 2019 made it to the New York State Appellate Court. The school district appealed a lower court’s decision and argued that two of the three alleged rapes (in June and September 2019) should not be included in the case because the victim and her family didn’t report and file them in a timely manner.

The Third Department Appellate Division has now decided in favor of keeping the June and Sept. 2019 incidents as part of the case.

During the appeal court appearance last month, the victim’s attorney said that ECSD was aware of the first rape incident and should have taken action to prevent the next two. Meanwhile, the school’s attorney said ECSD had footage of two students entering the area where the third rape allegedly happened, but the school has “been unable to locate” any footage regarding the June and September incidents.

In a statement to 18 News on October 27, 2022, the victim’s attorney provided the following statement:

The trial court had previously ruled that the prior rapes of the vulnerable, disabled plaintiff-student could be included as a basis of liability against the Elmira City School District, including the rape that led to the birth of a child. The Elmira City School District appealed that decision claiming that those rapes should not be part of the case. Today, the Third Department Appellate Division upheld the sound judgment of the trial court.

Aubrey Hetznecker, Esq.

The school district’s attorney also provided the following statement, affirming that ECSD “acted appropriately at all times” in regard to the allegations in the lawsuit:

It should be noted that the ruling today dealt with a purely legal procedural question about what claims were timely filed, and made no findings regarding the District’s conduct in handling or responding to these allegations. The District is currently reviewing its options in how best to respond through the appeals process. The District remains confident that as all relevant facts are learned through the appropriate legal process, that it will be demonstrated that the District acted appropriately at all times.

Gary Intoccia, Senior Partner