Law precludes contributory fault of victim of statutory rape at school

By Charles P.E. Leitch

An underage victim of sexual abuse by her school teacher cannot be contributorily negligent in a tort action for that abuse, the Washington Supreme Court has held.

In Christensen v. Royal School District, no. 75214-1 (Dec. 8, 2005), Leslie Christensen was a 13-year-old eighth grader at Royal Middle School. One of her teachers was 26-year-old Steven Diaz. On four occasions during the school year, Leslie and Diaz engaged in sexual activity. Diaz later contended that Leslie's participation in the relationship and sexual activity with him was voluntary.

Leslie and her parents sued the Royal School District and the school's principal, Preston Andersen, in U.S. District Court for the Eastern District of Washington, alleging negligent hiring and supervision of Diaz.

The District and Andersen's answer alleged an affirmative defense that Leslie's voluntary participation in the sexual relationship constituted contributory fault under Washington's Tort Reform Act, RCW 4.22.

The Christensens moved for partial summary judgment on the contributory-fault issue, seeking to strike that affirmative defense. The federal court certified to the Washington Supreme Court the question whether a 13-year-old victim of sexual abuse by her teacher can have contributory fault assessed against her.

The Christensen Court answered the question "no," for two reasons.

First, the Court observed that in the criminal context, a 13-year-old is below the age of consent and thus is legally incapable of consenting to sexual activity with an adult. An adult is guilty of a felony if he engages in sexual activity with a minor, whether or not the minor's conduct was supposedly consensual. In criminal cases, the minor's consent is no defense.