Family of boy who was beaten, sexually assaulted by child at day care awarded $13.5M

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The family of a young boy who was sexually assaulted and beaten by another child while at day care was awarded $13.53 million by a jury, according to a TSR Injury Law news release.

The victim, identified as JK, was 3 1/2 years old when he was beaten, strangled and raped by a 9 1/2-year-old in January of 2008, according to evidence presented at the trial. Both were at Grand Casino Mille Lacs' New Horizon day care center at the time of the incident.

During the trial, evidence showed the day care center's staff left the boys unsupervised for about 90 minutes, which is when the assault took place. Surveillance cameras captured a small portion of the assault.

Within weeks, the Mille Lacs Band of Ojibwe took away the day care operator's license, KARE 11 reported, determining the kids were not properly supervised.

The victim suffered multiple injuries, TSR says. Now 10 years old, he battles Post-Traumatic Stress Disorder and is "hyper-vigilant, prone to violent outbursts and has serious difficulties regulating his emotions or reacting to everyday stimuli."

Therapy and medication has helped, the release says, but one expert testified the victim would never fully recover.

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