Victim 9 suing Sandusky, Penn State

mcarroll@centredaily.comNovember 21, 2013 

One of the young men who testified against Jerry Sandusky at the convicted pedophile’s trial last year is suing Sandusky and Penn State for years of abuse.

Lawyers for the man, known as Victim 9 in the Sandusky case, filed the lawsuit Thursday in Philadelphia Common Pleas Court.

The suit comes after attorneys for the man, now 20, and Penn State failed to reach a settlement. The university has paid $59.7 million in out-of-court settlements to 26 other men who claim they were abused by former football coach.

Seeking to protect the identify of their client, attorneys identified him in the lawsuit as John Doe D.

Attorneys allege in the suit that Penn State knew of prior allegations against Sandusky and failed to protect their client from abuse.

“By allowing and encouraging a collaborative relationship between the Second Mile and the university, and by allowing and encouraging Sandusky to have a continued role in the life of the university after his 1999 ‘retirement,’ Penn State provided Sandusky the tools with which to ply the craft of a pedophile long after Sandusky’s formal ties with the university were supposed to have been severed,” attorneys wrote in the lawsuit.

Sandusky began abusing Victim 9 in 2005 when he was 12 and continued for almost four years, according to the lawsuit.

“By the time this boy was introduced to Sandusky on the Penn State campus, the top administrators at Penn State knew that Sandusky was a sexual predator,” Stephen E. Raynes, attorney for Victim 9, wrote in a statement.

“We will learn through this lawsuit why that happened and what additional lessons Penn State should learn from this tragic episode in its history,” Raynes wrote.

A spokesman for Penn State said the university would not comment on pending litigation.

The lawsuit lays out counts including negligence and recklessness and intentional infliction of emotional distress against Penn State and assault and battery against Sandusky.

The young man, then 18, testified at Sandusky’s trial that the former coach forced him to perform oral and eventually anal sex. The incidents happened during sleep-overs in Sandusky’s basement, Victim 9 testified.

“... He got real aggressive and just forced me into it," the young man testified. “And I just went with it. There was no fighting against it."

Sandusky was convicted last summer of 45 counts of child abuse, including those relating to Victim 9, and has served so far one year of his 30-year minimum sentence. His defense attorney unsuccessfully appealed to the state Superior Court and plans to appeal to the state Supreme Court.

Former president Graham Spanier and former top administrators Gary Schultz and Tim Curley are awaiting trial on charges they covered up allegations of Sandusky’s abuse and lied about it to investigators.

Matt Carroll can be reached at 231-4631. Follow him on Twitter @Carrollreporter.

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