Tewksbury State Hospital Can't Be Sued for Patient's Rape

BOSTON, MA --- The state Appeals court ruled that a female patient who was raped in the Tewksbury State Hospital recreation room by another patient can't sue the state because no one at the hospital caused the injury.

The woman, who was referred to in court documents as "Jane J.", became pregnant as a result of the 2009 rape, but suffered a miscarriage.

In the 3-2 decision on Wednesday, the two dissenting judges argued that the state created an environment that allowed the rape to occur. The hospital separated men and woman for sleeping, but there was open access to a recreation room where the rape took place.

The common rooms are not staffed or equipped with video surveillance, but hospital staff do conduct safety checks in rooms every 30 minutes.

In March of 2009, a district court judge sent Jane J. to Tewksbury State Hospital for a competency evaluation due to an assault and battery charge. About three weeks into her commitment at the hospital, she was watching television in the sun room when a male patient entered and raped her.

The male patient was also hospitalized for a court-ordered mental-health evaluation in connection with an undisclosed criminal charge. While he had a criminal history that included convictions for assault, a Department of Mental Health background check indicated he was not a registered sex offender and that his history "did not suggest that he posed any risk of committing a sexual assault or other violent sex-offending behavior,'' the court wrote.

In December of 2011, Jane J. sued the state claiming the state's negligence caused the sexual assault, the unwanted pregnancy and the subsequent miscarriage. The state moved for a summary judgment claiming it was immune to being sued. A judge sided with the state and an appeal was filed.

In her appeal, Jane J. argued that by allowing males and females access to the recreation room, the hospital is to blame for the rape.

While there was general agreement among the judges that the state bears a "special responsibility for the safety and general well-being of those who have been involuntarily committed...we do not think it is a fair inference that by merely allowing both men and woman to access the common recreation room the hospital caused Jane J.'s rape.''

The Appeals Court wrote that if the employees had more closely monitored the public areas "it is possible the tragedy might have been averted, however, a parole officer is not liable for a woman's rape based on the parole officer's failure to supervise a sexual predator.''