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SP: Student accused of raping victim under 16 on Tully High School campus

Gavin S. Maloney/ NYS Police

A student at Tully High School is accused of forcibly raping a girl under 16 on the district's property earlier this week, according to New York State Police.

Troopers say 16-year-old Gavin S. Maloney from Preble has been charged with first-degree Rape.

Court documents obtained by CNYCentral allege Maloney held the girl as she "physically resisted to escape his control." The documents say the alleged rape happened inside a van parked by the Tully School Bus Garage.

In a statement made by the victim, she recalls attempting to resist Maloney during the alleged rape and the following exchange shortly after:

I ... started screaming at him. I said "That's rape. You're gonna be in so much trouble." Gavin thought I was joking. He was laughing and said, "Come on [redacted]." I told him I was serious and he said, "You can't be." I said, "No, I'm serious you just raped me. It's over." He said, "I'm sorry."

In another document, an Onondaga County Sheriff's Deputy recalls going to Maloney's house. In the document, the deputy says he asked if Maloney knew why he was there; the deputy says Maloney responded, "because I raped [redacted]." The deputy was actually there to check on Maloney's welfare because he had received a report that Maloney had made a threat to harm himself, according to the document. Maloney acknowledged this and was taken to St. Joseph's Hospital for evaluation, where he was then turned over to an investigator from the New York State Police, the document says.

Maloney was arraigned in the Town of Tully Court and sent to the Onondaga County Justice Center on $25,000 cash, $50,000 bond, according to State Police.

The Tully School District says it's conducting its own investigation of the incident as a violation to their Code of Conduct. A letter about the incident was sent home to parents.

You can see the letter sent home to students here:

If you're reading this article on the mobile app, click here to see the letter.

Superintendent Hughes notes that any questions about a student's safety or security while at school can be directed to Pre-K-6 Prinicpal Edward Kupiec at 315-696-6213, 7-12 Prinicpal Mary Ann Murphy at 315-696-6235, and Superintendent Hughes himself at 315-696-6204.

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