Mother sues Roswell over daughter's alleged rape at summer camp

The mother of a young girl who was reportedly raped and terrorized last year at a summer camp in Roswell is taking the city to court.

In June, Andrea Trujillo signed her 9-year-old daughter up for a city-supervised recreation and educational program at Roswell’s Recreation and Aquatic Center for children between the ages of 5 and 12.

The girl went from bright, cheerful and energetic to quiet and withdrawn, uninterested in hugs and affection, Trujillo said, before revealing what had happened months later.

Early in June, the complaint states that Trujillo’s daughter was in the women’s restroom when a 12-year-old boy and fellow camper entered, forced her to the ground and proceeded to choke and mock her while removing her clothing, raping her and leaving her in "excruciating" pain before another child chased him off. The boy allegedly threatened to kill the girl if she reported what had happened.

When she nonetheless approached a city employee who worked at the camp to report what had happened to her, the employee — whose identity and gender were not disclosed in the complaint — allegedly told the girl she was “hypersexual” and waved off her complaint, discouraging her from further reporting of what happened.

The complaint states that Trujillo discovered what had happened only in November, after discovering a journal in which her daughter documented the assault and expressed thoughts of self-harm.

In a civil complaint filed last month and amended earlier in February, Trujillo alleges numerous failures by the city to supervise children and facilities provided the opportunity for another child to assault her daughter, followed by callous responses when she reported the assault, including that of a city employee who allegedly dismissed her account of events.

Trujillo’s complaint states: “The City employee’s dismissive and victim-blaming response to a nine-year-old child’s report of sexual assault constitutes deliberate indifference to (the child’s) constitutional rights and demonstrates a policy, practice or custom of failing to protect children from sexual assault and abuse,” Trujillo’s complaint states.

City spokesperson Todd Wildermuth declined to comment, citing the city’s policy of not discussing ongoing litigation.

Trujillo’s attorney, Kent Buckingham, said in an interview that the case shocked him.

“We as a society, I think have a moral obligation to protect those that are the most vulnerable to this type of assault and certainly we failed in this case,” Buckingham said. “She, obviously, at 9 years old does not have the vocabulary to describe a brutal rape, but in her little language it came across so powerfully to me that it literally just ripped my heart out for her. ”

The lawsuit further alleges that the boy had already been expelled from the summer program due to previous violence against other children, as young as 3 years old, but he had not been removed and parents had not been advised of the incidents. 

Buckingham said police investigated the incident and that a juvenile criminal case is pending. Because the defendant is a minor, he has not been identified and the proceedings are closed.

The attack on her daughter was preventable, Trujillo argues, were it not for failures to supervise children, monitor facilities and take adequate measures to guard against child-on-child violence and sexual assault and appropriately respond to her child’s report of a crime.

“It will take years, if not a lifetime, for her to overcome this; that’s the brutal thing," Buckingham said of the child while praising her courage at coming forward despite the threat. 

In addition to claims under New Mexico tort law and loss of consortium stemming from the child’s trauma, Trujillo alleges the city violated New Mexico’s Civil Rights Act and other constitutional obligations. She is seeking compensation for physical injuries, emotional distress and trauma, medical expenses and other damages.

Trujillo issued a written statement vowing to hold the city to account for silencing her daughter instead of protecting her, as well as other children reportedly harmed at the camp.

“This lawsuit is about more than seeking justice for my daughter. It's about accountability and systemic change,” she said. “It's about making sure that the City of Roswell implements proper supervision, takes reports of abuse seriously, and removes dangerous individuals immediately. No other child should ever have to experience what my daughter and these other children went through. Our children deserve better … they deserve to be safe."

Algernon D’Ammassa is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.