A Montana woman has filed a lawsuit against the state’s child and family services agency for failing to protect her from her mother’s boyfriend who was convicted of raping and impregnating her when she was 11. filed a lawsuit.
The woman, now 21, filed a lawsuit against the Department of Child and Family Services last week, The Montana Standard reported. She is seeking unspecified damages for emotional distress, anxiety and fear. .
The state health department declined to comment on the pending lawsuit.
The Associated Press has not identified any victims of the sexual assault.
The woman said she had been in child welfare services with her brother since she was seven because her mother used drugs. For the next few years, her siblings lived with their mother, biological father, and grandparents, the lawsuit states.
In 2011, the agency placed the girl with her mother and her mother’s boyfriend, William Thomas Spencer, the lawsuit states.
Court records show that in early 2014, they were living in Billings when doctors determined that a 12-year-old girl was pregnant and had been raped at the age of 11.
The agency left the girl home with Spencer, including after the baby was born in May 2014, the lawsuit states.
According to court records, the girl’s grandmother demanded genetic testing to conclusively prove that Spencer was the baby’s father.
“DPHHS left a 12-year-old rape victim at home with her rapist for 203 days after the first rape report,” the lawsuit accuses.
As part of a plea bargain, Spencer pleaded guilty to non-consensual sex in July 2015 and was sentenced to 30 years in prison. His lawyers said his use of the prescription sleeping pill Ambien contributed significantly to his behavior, The Standard reported at the time.
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