A teenage boy has been sentenced to at least two months in custody for raping a fellow student from a Blue Mountains high school during a house party.
The girl's family is now receiving advice about taking legal action against the NSW Department of Education and the school, their lawyer revealed outside Parramatta Children's Court.
The boy was 16 when they initially engaged in consensual sexual activity on a mattress in the living room at the party in 2019 after older guests had either left or retired to bedrooms, the court heard.
Earlier this year, the boy was found guilty of six counts of sexual assault and one count of choking over the attack which then followed.
Magistrate Louise McManus accepted it was "opportunistic" but found the boy had shown no contrition.
She acknowledged the victim was required to attend court, relive the events and be cross-examined.
The boy had "effectively placed the responsibility for what happened that night on her", she said.
"It was violating and humiliating, and the actions showed little regard for her as a person."
The boy was sentenced to nine months in youth detention, with a non-parole period of two months.
He was supported in court by his parents.
Outside court, lawyer Michael Bradley read a statement on behalf of the victim, which described the personal impact on her as "massive".
"He took away my confidence, my mental health and the happy life that I led before the attack," the statement said.
"I do not recognise the person that I've become as a result of this attack on me."
The girl's statement said the attack "should not have happened", because her father had previously written to the school demanding police speak to and warn the boy.
The family also called on the department to release the findings of an investigation into how the school handled the matter.
"All we've been told is that it's been concluded an action has been taken," Mr Bradley said, describing the investigation as "opaque".
Earlier this week, Education Minister Sarah Mitchell faced questions about the department's handling of the matter during a budget estimates hearing, including whether the department had "failed" the student.
"I'm very conscious that at the centre of this, there is a young woman who's been through an incredibly harrowing experience," Ms Mitchell said on Tuesday.
"I know there were a lot of supports provided to that student and her family through the department. I know there have been legal proceedings underway.
"I've also made it clear that it is my expectation of the department to make sure we follow world's best practice when it comes to managing these complex and serious and very sensitive issues."
In a statement, a spokesman for the Department of Education said it continued to provide support to any students and staff who were impacted by the matter.
"The school reported the sexual assault to NSW Police on the same day it was made aware of it," the spokesman said.
"As is appropriate with criminal allegations, NSW Police investigated the sexual assault, which occurred at a private residence, outside of school hours."
The spokesman said the department worked closely with police in any instances similar to the matter but had "no power to compel students to engage with police".
In regards to the investigation mentioned by the family, which was completed by the Professional and Ethical Standards (PES) Directorate, he said the department was legally unable to release the outcome.
"If the family decides to proceed with legal action against the NSW Department of Education, we will provide any relevant documents required to be produced as part of that claim.
"As the family have indicated this course of action, we are unable to provide further comment."
