A boy who was raped when he was just four years old may now be fearful of running into his rapist again, as the student is back in the same school district.
Diana Hamm, the boy's grandmother, said her grandson was four years old when a 13-year-old boy raped him twice on the Clear Creek ISD elementary school campus in Houston, Texas.
The teen was at the school because his mother teaches there.
"He's a big guy. He is almost 200-pounds," Hamm said. "It was quite brutal. We certainly would have never seen it coming."
There was no question that the boy was raped after it was captured on the school's surveillance cameras.
"And the young man pled guilty to a first degree felony, not only for the rape in the bathroom, but for the rape on the gym floor," she said.
He was sentenced to two years probation in January.
But he was then allowed to return to a Clear Creek ISD school, and there is not much she can do about it.
"Unfortunately, the way it's setup, they actually get more protection than the victims themselves," she said.
Because this sex offender was so easily accepted back at school, and no warning was given, Hamm wonders how many sex offenders are lurking in public schools across the country unbeknownst to students and parents.
"You cannot protect the other children unless you know who they are or segregate them away from the general public," she said.
Her grandson is in kindergarten and is receiving therapy. Hamm knows the juvenile justice system gives offenders second chances, but believes there should be some sort of system in place to at least warn parents if a sex offender goes to a child's school.
Ideally, Hamm said the student should be sent to an alternative school or banned from the district altogether.
When Clear Creek ISD was asked for a comment on the matter, they said they could not discuss details, but said they follow strict guidelines when allowing an offender back to school.
The school's comment read, in full:
“In the Clear Creek Independent School District, our top priority is to provide students a safe and effective learning environment every day. We, as individuals and as a school district, share in the concern for the safety of all children. While we cannot discuss details surrounding this case as it involves two children, it is important to clarify the district’s procedures and policies. It is also important to inform the public that this particular incident did not occur during the school calendar year or during school sponsored activities.
“Minors convicted of a sexual offense are placed in an Alternative Education Placement environment consistent with the Texas Education Code. This facility is separate from a campus and is located in a different location. By law and by practice, CCISD can provide general education services to those minors convicted of certain serious offenses until graduation.
“The only exception to this practice is governed by Federal law. This exception is in reference to students with disabilities, and applies in cases where his/her disabilities have been determined to play a role in their actions. Federal law prohibits school districts from placing students with disabilities in an Alternative Education Placement for more than 45 days. Following the 45 days, the student is then placed on his or her regular campus and other measures are taken to ensure that the student receives appropriate special education services and is adequately supervised in accordance with any applicable court orders.
“CCISD provides annual training for all staff and have a number of policies and procedures in place to protect students and visitors to our campuses. With respect to this particular situation, law enforcement was notified and the district has complied with all of its legal obligations throughout this process, including handling discipline of the student.”