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Associated PressThe firm argued that a retarded girl raped in a group home was at fault.
ORLANDO - Gov. Jeb Bush on Monday fired a law firm hired to represent the state in a negligence lawsuit brought by a teenager who was raped in a southwest Florida group home.
The teenager, identified only as Dorothy to protect her identity, gave birth to a girl in spring 2001 but later lost custody of the child. She is suing the state for negligence and to regain custody of her 2-year-old.
Dorothy's attacker pleaded guilty to charges related to the rape in January. But the Fort Myers law firm representing the state in the civil case claimed in court papers that the woman, who was 15 when she was raped, consented to the sex and was responsible for what happened to her.
The teenager's story was published in the Orlando Sentinel on Sunday. In a statement sent to the newspaper Monday, Gov. Bush said there was "absolutely no excuse for the legal position taken in Dorothy's case."
"This is a tragic story, one in which the blame rests solely on the individuals responsible: the group home operators and the man currently in prison for this crime," Bush said.
In 1999, the state placed Dorothy at Sandy Terrace group home in Port Charlotte after discovering she was the victim of severe sexual abuse by her mother.
However, her attorneys learned that the Department of Children and Families earlier identified a series of serious violations and licensing problems with the owners of Sandy Terrace. The group home was closed down.
James M. Carver, one of Dorothy's caregivers, was accused of raping Dorothy and telling her to lie about the incident. Carver, 34, also told police he knew Dorothy was retarded and a minor.
Carver was originally charged with two counts of sexual battery of a mentally defective victim. But he reached a deal with prosecutors to plead guilty to lesser charges of lewd sexual battery and lewd conduct involving a minor in January and is serving 111/2 years in state prison.
Eight months after Dorothy delivered her child, DCF removed the girl because caseworkers were worried that she could not adequately care for her.
A DCF attorney said in court papers that Dorothy "was guilty of negligence" in the rape.
"Any allegations relating to sexual intercourse and/or rape was in fact consensual," attorney Lynne Dailey wrote in DCF's response to the lawsuit filed June 27.
Dailey was not available for comment Monday.
Bush indicated Monday that the state's position will change. Bush noted that DCF is sometimes represented by the Department of Risk Management, and the DCF has already asked it to appoint a new law firm.
Dorothy, who has an IQ of about 60, is now living in a residential setting outside Tampa. Her attorney Richard Filson said the state should reach a settlement to spare her reliving her experiences.