Note: this piece mentions sexual assault.
The NSW Ombudsman has launched an investigation into how an outer-Sydney high school responded to a 15-year-old girl, Jane*, being raped by a classmate, Dan*, at a party in 2019. In announcing its investigation, the Ombudsman named Katoomba High School — something that had been previously omitted to protect the identity of the victim and perpetrator as they were under 18 at the time.
Dan was convicted of six counts of sexual intercourse without consent and one of intentionally choking without permission. He was sentenced to nine months in prison with a two-month non-parole period in August. An appeal is currently underway for his sentence.
Jane’s father, Jack*, told Crikey he welcomed the Ombudsman’s investigation. “We are very grateful that the Ombudsman’s office has decided to open an investigation,” he said.
But, he added, had the NSW Department of Education and the school done their job properly, Jane’s rape could have been prevented.
“Their failures to protect our daughter both before and after the rape attack led to our family’s formal complaint to the Ombudsman. We have also complained about the department’s investigation into our daughter’s case and the department’s failure to provide us with the outcome of that investigation,” he said.
As revealed by Crikey, the school’s responses to the family’s complaints both prior to and following the rape were dismissive, inadequate and failed to protect Jane.
The family had made repeated efforts to have the school deal with Dan’s behaviour. They’d previously informed the school that a group of boys were allegedly making jokes about rape and discussed classmates’ sexual appeal in class.
Behavioural programs were launched for students, but the girls’ program focused on “preventative measures” for avoiding harassment, with the victim, Jane, asked to “forgive” the boys for their behaviour.
While the group of boys were spoken to by police, Dan stayed home on the day they visited. Jane’s family met with the principal to discuss their concerns — four days later, Jane was raped.
After Jane reported the rape to the police in 2020, Dan continued attending the same school as her – with Jane told to leave class early to avoid him in the hallways. Only after charges were filed did Dan leave the school, though his sister stayed and continued to harass Jane, only leaving the school following media scrutiny.
While an internal investigation was launched by the school, investigators failed to interview Jane or investigate other allegations of abuse the family had alerted the school to, including allegations of rape involving another student. The findings weren’t released either publicly or to the family.
The NSW Ombudsman will consider the NSW Department of Investigation’s response to complaints about the boys’ behaviour, the department’s communication with Jane and her family during a department investigation, and how the school responded to ongoing harassment after charges were filed against Dan.
The investigation will take place behind closed doors, with recommendations made to the Department of Education and NSW Minister of Investigation Sarah Mitchell. Jane and her family will be informed of the report’s outcomes.
The family is considering suing the school. Crikey understands the department is considering potential compensation for the family.
*Names changed for privacy
If you or someone you know is affected by sexual assault or violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.
