ILNews

COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

Back to TopCommentsE-mailPrintBookmark and Share

A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.

In November 2010, 16-year-old high school student G.G. reported to school officials that she had been raped in a bathroom by 16-year-old student S.M. Smith and other school leaders decided to investigate the claim before alerting police or the Department of Child Services because G.G. had allegedly previously faked a seizure and they did not want to ruin S.M.’s reputation.

The school immediately called G.G.’s guardian Youth Opportunity Center, as G.G. was placed there years earlier by DCS, so they could get consent for medical treatment. Smith believed by contacting YOC, DCS would also be notified. G.G. was taken to the hospital and evidence showed sexual contact. Smith called DCS approximately four hours after learning about the incident and told the agency he wasn’t sure if he was reporting abuse.

S.M. initially denied the claim, then said the sex was consensual, but eventually confessed to raping the teen.

Police initially investigated Smith for obstruction of justice, but later charged him with failure to immediately report child abuse or neglect. He was convicted as charged and on appeal argued that he and the other administrators involved didn’t think the incident involved child abuse since it was between two teenagers.

Judges Elaine Brown and L. Mark Bailey reversed in Christopher Smith v. State of Indiana, 18A02-1204-CR-331, pointing to evidence that Smith had another administrator contact YOC, which immediately contacted DCS. They also found that a reasonable investigation into the claim made in good faith of such an allegation before making the report is not improper and doesn’t deprive Smith of statutory immunity.

Judge Nancy Vaidik argued in her dissent that Smith had reason to believe G.G. was a victim of child abuse and failed to immediately report it. She didn’t accept Smith’s claim he notified DCS immediately by virtue of the call to the YOC or the majority’s decision that permits verification of a child’s allegations of abuse before making a report.

“I believe such a verification process is contrary to statute and, if permitted, may have the highly undesirable result of suppressing or deterring reports of abuse,” she wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT