Lawsuit: Autistic student raped classmate while aide napped

HONOLULU, HI -- A lawsuit accuses a Hawaiian high school of negligence after an autistic student was convicted of sexually assaulting another student while the student's assigned caretaker napped.

The lawsuit filed Monday says the autistic student had a full-time aide because he was known to be violent. The lawsuit says the aide was asleep when the 2012 attack happened during band practice at Pearl City High School.

The lawsuit says the 10th grade girl was in the back of the band, in the percussion section, when the 11th grade autistic student raped her at her chair and then again in a curtained area.

The lawsuit says the aide was sleeping in the audience section of the auditorium.

A spokeswoman for the state Department of Education declined to comment on pending litigation.