Editor's note: We originally reported the alleged victim attended Western Middle School, but it is Western High School.
LOUISVILLE, Ky. (WHAS11) -- A Louisville middle school student says she was assaulted on a Jefferson County School Bus and on Monday, Dec. 16, her family filed a lawsuit against Jefferson County Public Schools.
The girl said she was held down, groped and her clothes were ripped during her ride home from school.
We were the first to interview the family of the alleged victim in March of 2012 in a WHAS11 news exclusive.
The then 13-year-old who went to Lassiter Middle School says the ride home became violent.
The family's attorneys say a lawsuit against the district is a must.
“They want everyone to know sexual assault on buses has to stop now,” Ted Gordon, the family’s attorney, said.
Gordon and Andrew Mize say the suit comes now because one of the alleged perpetrators has been placed in the alleged victim's class.
The alleged victim now goes to Western High School. Her family says one of the alleged attackers was placed in her class at Western not once but twice.
“For whatever reason one of the perpetrators was placed again in the same classroom as the victim; so we found it necessary to go forward immediately,” Gordon said.
“You can imagine our minor client facing her attacker being placed not once, but now twice into the same classroom is going to have some effect some emotional trauma with that,” Mize said.
“There is supposed to be a no contact order. They violated that, they being JCPS administrators, the principal at Western,” Gordon said.
The suspects have already gone through their legal proceedings but the outcome of their trial is not public because it’s in juvenile court.
By law, Jefferson County Public Schools cannot talk about pending litigation and cannot comment about a student’s classroom assignment.
We have learned that the bus driver who was on the bus the day of the alleged incident was terminated from the district.