Affidavit: Special education teacher sexually abused student with Down syndrome

WICHITA, Kan. An affidavit released Tuesday by Sedgwick County District Court details charges against a special education teacher in the Wichita school district, arrested earlier this month for aggravated sexual battery.

Sedgwick County District Attorney Marc Bennett says Tommy Tarrel Rains is accused of “having sexual contact with someone who is incapable of consent due to mental deficiency.”

Rains was a teacher at the Levy Special Education Center when the crimes happened, the affidavit says.

The affidavit says the victim in the case is a 19-year-old woman who was 16 or 17 when the incidents leading to the charges against Rains occurred.

The affidavit says on Nov. 29, 2017, the woman’s mother and her father were interviewed at the Exploited and Missing Child Unit after the woman told them she had been touched by her former teacher, Tommy T. Rains, at Levy Special Education Center.

The woman told her parents Rains had taken her into a bathroom located in the classroom at the school, told her he needed to see her sores and had her get undressed.

The affidavit says the woman reported Rains touched her inappropriately and that Rains had her touch him while he videotaped it.

The woman’s mother reports her daughter has Down syndrome and “has a difficult time with remembering time periods and answering in narrative form.”

In the affidavit, the woman’s mother says her daughter has a skin condition that requires treatment and Rains had called her in the past, asking if he could help her in the bathroom.

Also on Nov. 29, the affidavit says, a detective with the Sedgwick County Sheriff’s Ofice interviewed the 19-year-old woman at EMCU. The woman said she was there to talk about Rains who had touched her inappropriately. The affidavit says the woman said Rains told her he wanted to look at her pimples and he took her into the bathroom inside the classroom and had her undress. She said Rains pulled his pants down and took the woman’s hand to touch him.

The woman said Rains was videotaping the touching using “some sort of device that was similar to a cell phone or iPod,” the affidavit says.

“(The woman) used the anatomical dolls to demonstrate what happened and her demonstration was consistent with what she had previously said,” the affidavit says.

The affidavit reports that the woman said there was another time Rains touched her when they were in his car. She said Rains had taken her to a store to get chocolate milk and while driving, pulled her pants down and rubbed her with his hand.

In December 2017, the affidavit says the detective interviewed a former paraeducator assigned to Rains’s class. The para said she was in the class from 2012 until she left the school in April 2015. She said she remembered one time Rains helped the former student in the bathroom by himself. She said she believed Rains was alone in the bathroom with the student. The para said a woman could have been called from another area of the school to help.

After his arrest earlier this month on two counts of aggravated sexual battery, Rains was placed on administrative leave, the Wichita school district said.

Source: Affidavit: Special education teacher sexually abused student with Down syndrome

Jimmy Kilpatrick, a national recognized professional special education advocate since 1994.

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