Man with mental capacity of a child was sexually assaulted and got herpes, suit says

The father of a 19-year-old developmentally disabled man has filed a lawsuit against an adult daycare center in east Fresno alleging that his son was sexually assaulted by another student while attending, and staff did not do its job to prevent the assaults from happening.

The father, who is referenced in the suit as A.K. to protect his son’s identity, filed the complaint on June 16 in Fresno County Superior Court. He said his son, H.K, was raped in November 2015 by another student at the Central Valley Training Center in east-central Fresno. H.K. has the mental capacity of a 12-year-old, according to the complaint. The civil lawsuit identifies the other student as a 37-year-old, who is described as having the mental capacity of a 21-year-old, and who has sexual impulse issues.

The Central Valley Training Center provides support and services for adults with disabilities and challenging behaviors, and has another location in central Fresno, according to its website.

The plaintiff is seeking unspecified damages for sexual assault and battery from the attacker, and intentional infliction of emotional distress and negligent supervision from the center. The county, the state, Fresno Unified School District and the state’s Department of General Services and Developmental Services are also defendants because of their possible funding of the center.

A court hearing is set for Oct. 16, and the son and father are being represented by the Dolan Law Firm from San Francisco.

The civil filing reflects one side in the dispute.

The lawsuit alleges that on or around Nov. 1, 2015, the alleged attacker asked H.K. to go into the bathroom with him at the center. There, the 37-year-old touched H.K.’s hips and penis and then raped him inside a stall. Staff found H.K. hiding in the stall, and the older man was defensive when questioned, according to the plaintiff. A rape kit was taken, and H.K.’s father said his son contracted herpes as a result of the assault.

A.K. alleges that the center knew about the attacker’s “predatory nature” because of previous sexual behaviors toward others, and was negligent in supervising the students. In addition, the center had a policy that didn’t allow students to use the bathroom in groups, according to the complaint.

The training center did not respond to a request for comment.

Since the incident, the lawsuit alleges that H.K. has had nightmares, fear of unknown men, fear of sleeping alone and a constant desire to be with his family. He has also missed schooling, and his father believes he will continue to need counseling and therapy to help cope.

H.K. said he provided a claim form to the defendants in April 2016, describing the injuries, loss and damage his son endured. But as of June 16, when the lawsuit was filed, the claims had not been acted on.

This story was originally published June 29, 2017 at 3:58 PM with the headline "Man with mental capacity of a child was sexually assaulted and got herpes, suit says."