Lawsuit alleges disabled woman was sexually assaulted at local social service agency

A lawsuit filed in U.S. District Court in Benton alleges that a developmentally disabled Franklin County woman was sexually assaulted while under the care of The H Group, a local social service agency.

The victim of the alleged rape is listed in the lawsuit as “Jane Doe” and was filed by her parents. Along with The H Group, two employees of the facility, John Sobeck and Cynthia Broskie, are also named as defendants.

According to the allegations Doe participated in the vocational education program at The H Group, located in West Frankfort, and was sexually assaulted by another individual who also was also a part of the program at the facility. The lawsuit states that Doe, who is 4-feet-11 and weighs approximately 100 pounds, suffers from Asberger’s syndrome, mental retardation, cerebral palsy and has the mental capacity of an 8-year-old.

The lawsuit alleges that Doe’s parents had for several months expressed concerns to supervisors at the facility that the alleged rapist “interactions with their daughter were inappropriate and indicated a possibility that he would prey on Doe.”

The lawsuit states that Doe’s parents were repeatedly assured by Sobeck and Broskie that their daughter was not in any danger.

Doe’s parents continued to express concern about their daughter’s safety and that concern escalated to the point that they removed her from the program. Doe’s parents were told repeatedly and given assurances by Sobeck that their daughter was not in any danger and that she was closely supervised at all times, the lawsuit states.

The lawsuit contends that Doe was raped on May 14, 2010 in a bathroom stall of a men’s restroom at The H Group facility. Doe’s mother was not made aware of the matter for more than four hours and was told then that the other program participant has exposed himself to Doe but that the incident had not escalated, according to the court filing.

When Doe arrived home from The H Group on May 14 her clothes were “heavily soiled with both blood and bodily fluid that appeared to be semen” the lawsuit states. Doe had also “bled through to her outside clothing” and told her mother she was “hurting” in her genital area. An emergency room examination confirmed that Doe had had vaginal intercourse.

The lawsuit states that no medical attention was given to Doe and that law enforcement and the Illinois Office of Inspector General were never notified of the alleged sexual assault, as required by law.

The lawsuit asks the court to declare that the defendant’s conduct “unlawfully discriminated against the plaintiffs” and also asks for damages for injuries, costs, expenses an attorney’s fees along with punitive damages.

A jury trial is also requested. The lawsuit was filed by the Law Offices of Thomas E. Kennedy III, based in St. Louis.