A Virginia juvenile court judge ruled Monday that there was sufficient evidence to sustain charges that a teenager sexually assaulted a classmate in the girls' bathroom of a Loudoun County high school in May, The Washington Post reported.
The teen, now 15, also was charged with the sexual assault of another student that occurred months later at a different Loudoun County school.
In juvenile court, the judge's finding is equivalent to a guilty verdict in other courts, the Post reported Monday night.
Chief Judge Pamela L. Brooks said she would wait to sentence the teen until the second case is decided in November.
Scott Smith, father of the alleged female victim on May 28, has said that a boy wearing a skirt entered a girls' bathroom at Stone Bridge High School and sexually assaulted his ninth-grade daughter.
Smith later was arrested at a school board meeting after he flew into a rage while defending his daughter. He became the poster child for what the National School Boards Association has suggested could be a form of "domestic terrorism."
Students at some Loudoun County schools were demonstrating Tuesday following the judge’s decision.
"Here is the walk out of students at @LCPSOfficial Broad Run High School in Loudoun County. Students in support of recent sex assault victims in the District including this school & asking for safer schools. @7NewsDC #7NewsITeam #Loudoun," 7 News DC reporter Scott Taylor tweeted.
"Now a group of students are chanting 'Loudoun County protects rapists,'" NBC Washington reporter Drew Wilder tweeted.
"Video sent to me of the walkout at Riverside HS," Wilder tweeted.
On Monday, the 15-year-old victim testified she had consensual sexual encounters with the defendant on two previous occasions in a girls' bathroom at the high school. She said the two agreed to meet again on May 28 when, she said, the student threw her to the floor and forced her to perform sex acts, the Post said.
She testified she had told the teen that she was not in the mood for sex, but that didn’t stop him.
"He flipped me over," the girl testified, the Post reported. "I was on the ground and couldn’t move and he sexually assaulted me."
She testified the attack stopped when someone came in the bathroom and startled the defendant. A second sexual assault occurred a little later.
The defendant’s attorney said the encounter between the two teens was consensual, as they had been on two previous occasions.
Prosecutors played interviews in which the defendant told detectives he had not intended to perform one sex act with the victim, and added that he stopped once he realized he was hurting the girl, the Post said.
After initially telling detectives the second incident did not occur, he admitted it may have happened accidentally when a knee-length skirt he was wearing got caught on his watch as the pair were in the bathroom stall.
It was reported Friday that a newly released email showed Scott Ziegler, superintendent for Loudoun County Public Schools, knew about the sexual assault of a girl by a boy wearing a skirt in a girl’s restroom at Stone Bridge High School, despite saying he had ''no knowledge'' about the reported incident that has captured national headlines.
The Smith family has retained The Stanley Law Group of Virginia, which said it will pursue legal action against Loudoun County.
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