No Charges Filed Against Choate Teachers, Staff Over Sexual Misconduct Allegations

WALLINGFORD, CT — Following an investigation into the incidents described in a report detailing years of sexual misconduct at Choate Rosemary Hall, Wallingford Police have determined that criminal charges can’t be filed against former faculty and staff members at the elite boarding school because the statute of limitations have expired in many of the cases.

Wallingford Police said that the statute of limitations haven’t expired in only two of the 24 incidents in the Choate investigative report. Those incidents occurred in 2003 and 2010 and Wallingford Police were notified by the Department of Children and Families of the 2010 allegation, however, the victim never filed a police report, according to police. (To sign up for Wallingford breaking news alerts and more, click here.)

Police said that of the allegations made in the Choate report, only one victim reported their assault to the Wallingford Police Department, which was in 1996 but the incident occurred in 1970 and the statute of limitations had expired. The suspect had also died by the time the report was filed, according to police.

Police said there were 10 additional reports in the investigative report that Choate decided not to describe in greater detail, adding that there is no record that any of these incidents were reported to the Wallingford Police Department. The majority of the incidents are beyond the statute of limitations, according to police.

Related:

• Sexual Abuse At Choate Rosemary Hall Dates Back To 1960s: Report
• Sex Abuse Report Prompts Choate Rosemary Hall Alumni Petition

During their review of the report, Wallingford Police determined that Choate violated a state statute that requires “mandated reporters,” certain individuals who care for or interact with children to report suspected child abuse or neglect to the Department of Children and Families. The statute has been in place since 1965 and teachers have been classified as mandated reporters as of 1967, according to police.

Police said the statute of limitations for Choate’s violation has also expired. The penalty for not reporting an incident under the statute was a fine. It was amended in 2011 and the penalty became a misdemeanor offense, which has a one-year statute of limitations.

“Any additional complaints of sexual assault brought to the attention of the Wallingford Police Department will be investigated on a case by case basis, depending on the statute of limitations and the jurisdiction in which they may have occurred,” police said in a press release. “The Wallingford Police Department encourages those who feel they may have been a victim of a sexual assault crime to report the incident in a timely manner.”

Choate officials commissioned the independent report due to a series of events over the past few years, including reports given by two students in 2013 regarding sexual misconduct that acted as a "catalyst." Many of the graduates who spoke to investigators said they didn't report the misconduct to an adult because they didn't recognize the conduct as being abusive.

The Boston Globe published a series of investigations in 2016 about sexual abuse at private New England schools.

Read the Wallingford Police Department’s press release on their review of the Choate investigative report below:

Upon receipt of the Choate investigative report, the Wallingford Police Department conducted a thorough review of each incident individually. A majority of the incidents outlined in the investigative report took place prior to 1990 and the criminal statutes of limitations have expired. Also, a few of the incidents took place outside of the jurisdiction of the Wallingford Police Department, (i.e.: Costa Rica, France).

According to the Connecticut Penal Code, any crime involving child sexual assaults occurring prior to May 23, 2002 had a five-year statute of limitations after the crime was committed or two years after the age of majority (18 years old). For example, the statute of limitations for an assault that occurred in October 1981 would expire in October 1986. Also, the criminalization of consensual sexual contact and consensual sexual intercourse between students and school employees was not adapted until 1994. Therefore, any consensual sexual encounters between students and school employees prior to 1994 were not considered criminal acts.

In 2002 the Connecticut Penal Code was amended and the criminal statute of limitations changed for sexual assault crimes. The statute of limitations varied from unlimited to the victim being age 48 or five years after the assault was reported. These limitations were for assaults taking place after May 23, 2002 and were dependent on the age of the victim at the time of the assault.

Based upon the above, the statutes of limitations have not expired for two of the 24 incidents described in the Choate investigative report. These incidents occurred in 2003 and 2010 respectively. The Department of Children and Families notified the Wallingford Police Department of the allegation that occurred in 2010; however the victim never filed a police report.

Of the allegations made in the Choate investigative report, only one victim reported their assault to the Wallingford Police Department. This incident involved John Joseph and Student 2, as referred to in the Choate investigate report. Student 2 reported the assault to the Wallingford Police Department in June 1996. The incident occurred in 1970 and the statute of limitations had expired. Also, at the time of the report the suspect was deceased.

Ten additional reports were documented in the investigative report that Choate decided not to describe in greater detail. There is no record that any of these incidents were reported to the Wallingford Police Department and the majority of the incidents are beyond the statute of limitations.

Choate failed to oblige to Connecticut General Statute (C.G.S.) 17a-101a, which requires “mandated reporters”, certain individuals who care for or interact with children to report suspected child abuse or neglect to the Department of Children and Families. This statute has been in place since 1965. Since 1967, teachers have been classified as mandated reporters under 17a-101.

The evidence is conclusive that Choate violated C.G.S. 17a-101a; however the statute of limitations for this offense has expired for the incidents outlined in the investigative report. Prior to 2011, the penalty for not reporting an incident under C.G.S. 17a-101a was a fine. In 2011 the statute was amended and the penalty became a misdemeanor offense, which has a one year statute of limitations.

Any additional complaints of sexual assault brought to the attention of the Wallingford Police Department will be investigated on a case by case basis, depending on the statute of limitations and the jurisdiction in which they may have occurred. The Wallingford Police Department encourages those who feel they may have been a victim of a sexual assault crime to report the incident in a timely manner.

Image: Public Domain