Audrie Pott Family Files Wrongful Death Lawsuit Against Accused Rapists

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The family of Audrie Pott has filed a wrongful death lawsuit against the boys accused of sexually assaulting her before the teenager's tragic suicide.

"We intend to prove in a court of law that her death was related to what they did," attorney Bob Allard said of the alleged rape and bullying she endured.

Audrie Pott Picture

Allard said the decision was precipitated by comments made by the defendants' lawyers, who said the three boys, should be "regarded as innocent."

They further advised the public to reserve judgment about the case.

"Much of what has been reported over the last several days is inaccurate," said the suspects' three lawyers in a joint statement over the weekend.

"Most disturbing is the attempt to link [Audrie's] suicide to the specific actions of these three boys," who are all 16 and were her high school classmates.

Allard said the family of Audrie Pott was deeply distressed over that statement, and that it "sent them over the edge" and led to the lawsuit filing.

He accused the opposition of the "blame the dead victim defense."

Police say Pott was sexually assaulted at a party by the trio of schoolmates at a house near San Jose, Calif., while she was passed out and incoherent.

Eight days later, Allard says Pott learned photos of the alleged assault were shared on social media. "Worst day ever," Pott wrote on her Facebook page.

She then hanged herself.

"There's no doubt that the combination of the assault and the torture by cyberbullying caused Audrie to end her life," Allard told Yahoo! News Friday.

The names of the suspects, who were arrested at their schools Thursday and charged with sexual battery, were not released because they are minors.

Pott's family asked that their late daughter's name be revealed in this case to bring publicity to the case and the issues of sexual assault and bullying.

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On May 1, May-Day or M'Aidez, I am committing to end my social network profile as an act of resonance for Audrey Pott and what we have in common. I invite all other women and men who have survived gang rape at a party, festival, or other venue of kinship, who have been betrayed by our friends and perhaps family, to also symbolically end one of your social network profiles. I have very mixed feelings about photographing the crime. As I was being gang raped at an outdoor festival in the 80s, one of the things I vividly remember was a flash going off repeatedly. When I was not believed upon reporting my gang rape, the memory of that flash going off again and again kept me sane through the years as I realized that someone, perhaps a few people, had the evidence of my experience. Thank God there was no internet then, but thank God someone took photos of my crime so that I knew it had happened, even though it still feels it never mattered at all. So, this May 1, 2013, in the essence of Audrey Pott and the girl of Richmond High and... my mom... I am committing to end my social network profile for Good. Not forever, but for Good.

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......this is their opinion.

Ileanasaurus rex

People need to stop putting themselves in these situations....People are evil and you should not willingly put yourself in a situation where u wont be able to defend urself

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Will be able to take depositions of others that would likdly be given to thThe juvenile defendants may be identified in the civil "wrongful death" complaint filed in Superior Court in San Jose. Those defendants have a right to remain silent until the juvenile delinquency cases against have proceeded to a judgment and the time to appeal, if any, has run out. Meanwhile, the attorneys for the plaintiffs may take depositions of others and share them with the DA.