The family of a Virginia high school student allegedly sexually assaulted by a "gender-fluid" boy will pursue legal action against Loudoun County, attorneys said Thursday.
Scott Smith, father of the alleged female victim, has said that a boy, allegedly wearing a skirt, entered a girls' bathroom at Stone Bridge High School on May 28 and sexually assaulted his ninth-grade daughter.
Smith then was arrested at a June 22 school board meeting. Images of a handcuffed Smith being removed and dragged across the floor, with his pants pulled down, went viral on mainstream media and social media.
The Smith family has retained The Stanley Law Group of Virginia, which said it will pursue legal action against Loudoun County.
The firm also said it will represent Scott Smith against "wrongful and unconstitutional" charges filed against him in Circuit Court.
Smith is scheduled to appear on Newsmax's "Rob Schmitt Tonight" at 10 p.m. ET Thursday.
The individual who allegedly assaulted Smith's daughter also allegedly assaulted another student at another school on Oct. 6.
"The sexual assault our daughter endured should never happen to any young girl, or any child, attending a public school," Smith and his wife, Jess, said in a statement released by the law firm.
"But because of indifference and negligence by Loudoun County Public Schools and the Loudoun School Board, it did. And now, it has happened to another girl at another Loudoun County school at the hands of the very same assailant.
"The sexual assault on our daughter and the subsequent sexual assault by the same individual were both predictable and preventable."
The parents said that "poor planning and misguided policies" by Loudoun County schools "failed to institute even minimal safeguards to protect students from sexual assaults."
"And contrary to statements from the Loudoun County Commonwealth's attorney's office, our family was never informed that the student who sexually assaulted our daughter was being returned to the schools,'' the Smiths said.
They added, "Had we been informed, we would have been outraged."
Scott Smith became the poster child for what the National School Boards Association has suggested could be a form of "domestic terrorism" after he was arrested at the Loudoun County school board meeting in June.
"When the School Board abruptly ended the meeting, I was confronted and taunted by an activist who supports the School Board’s bathroom policy," Smith said. "The activist was aware of the sexual assault on my daughter and wrongfully assumed I was going to speak.
"Despite being subjected to this unprovoked confrontation, I was unreasonably restrained by law enforcement, completely violating my constitutional rights. While some in the media have tried to impugn my character, I am not a domestic terrorist. I am a concerned father who loves his family and will protect them at every turn."
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