Judge: IT worker's school job didn't factor in NH girl's rape because he was off duty
PORTSMOUTH - A federal judge said in a report that a former Portsmouth High School IT worker did not use his position to groom her for sex before he raped her in 2013.
U.S. District Court Judge Andrea Johnstone rejected the victim's claim in a 20-page "report and recommendation" released on Tuesday. The victim, referenced only as T.F., filed a motion asking for a $900,000 judgement against Kenneth Kimber in August arguing that he used his position of trust and authority to groom her for sex.
Johnstone said that because the rape happened off campus and not during school hours, Kimber was not acting as a school employee.
READ: Victim of former Portsmouth High School worker convicted of rape says he should have been monitored
The order allows 14 days for filing objections. Kimber, 35, is currently out on parole after serving time in the state prison for the rape.