MIAMI (CBSMiami) – Closing arguments are scheduled Tuesday afternoon in a civil lawsuit stemming from the 2008 case of a 5-year-old girl who alleged she was sexually abused by the teenage son of a teacher at a Miami day care center.

The alleged abuse took place in the nap room at the Discovery Day Care at 3153 SW 67th Avenue in Miami.

The plaintiff’s attorney said the child was not supervised in the nap room at the time.

According to the lawsuit, the sexual abuse was committed by an unsupervised teenage visitor.

According to the lawsuit, the teenager, who should have been at his own school during the alleged incidents, sexually abused the girl on at least 10 occasions.

Among the abuse alleged was forcing the girl to perform oral sex on him and inappropriate touching.

He was 13 at the time and in February of 2009, pled no contest to two counts of juvenile sexual battery in the case. He was sentenced to Juvenile Sexual Offender Treatment and was ordered to stay away from the child, her home and the Day Care.

The family of the alleged victim is asking for $25 million in damage and claims the school was negligent in allowing him to walk around unsupervised, including having access to the nap room.


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