The attorney for former Columbia High School teacher Nicole Dufault, who was indicted Tuesday by an Essex County Grand Jury on 40 counts of engaging in sex acts with six male students, said his client is the only victim in the case and she should be fully exonerated and compensated for her “tragic victimization.”
Denouncing what he called the students’ “wolf pack mentality,” Timothy R. Smith said in a statement to The Village Green that he is “confident in stating, and firmly believe in my heart, that there is only one victim, not six, and that victim is Nicole Dufault. I feel equally confident in stating that these students are not the type of people you contemplate when you hear the term ‘victim.'”
The defense attorney also claimed that Default has medical issues, including “brain trauma and surgery,” that “rendered her particularly vulnerable to the students’ wolf pack mentality [and] will factor significantly in the trial.”
Smith continued, “If justice is served, not only should Ms. Dufault be fully exonerated, she should also be compensated by those directly and indirectly responsible for her tragic victimization.”
The indictment charges Dufault with 40 counts of aggravated sexual assault and endangering the welfare of a child for engaging in sexual activity with all six boys on multiple occasions between 2013 and 2014, according to Essex County Assistant Prosecutor Gina Iosim. Some of the sex acts allegedly occurred on school property and in her car.
DuFault, age 35, was arrested last September at her Caldwell home and charged with engaging in sex acts with five male students. A sixth victim was identified later. The boys, all students at Columbia High School, were between 14 and 15 years old at the time of the alleged incidents.
In October, Smith told NJ.com that his office was investigating the possibility that the male students tried to blackmail Default by exposing a video that purported to show Dufault performing oral sex on one of the students.
Katherine Carter, a spokeswoman for the Essex County Prosecutor’s Office, said in the NJ.com article there was “no evidence” to support any claims of blackmail or extortion surrounding the video.
On Thursday, Carter responded to Smith’s comments in an email: “Sadly, victims of sexual abuse have traditionally been demonized by their abusers. It takes an extraordinary amount of courage for a victim – especially a juvenile victim — to come forward, knowing the unfortunate stigma that some in society place upon victims of sexual abuse. We eagerly await an opportunity for this matter to be resolved in court.”
Following Dufault’s arrest, South Orange-Maplewood School District Acting Superintendent Jim Memoli and Columbia High School Principal Elizabeth Aaron worked to assure the CHS community that the district was offering students support and counseling.
Dufault remains free on $500,000 bail and is scheduled to appear in court on March 6.
