The owners and operators of an exclusive resort on the Caribbean island of Anguilla cannot be held liable for an attack that the 12-year-old victim’s family blamed on a gardener, a New York state judge has ruled.

Manhattan Supreme Court Justice Kathryn Freed found that while the 2015 assault against the girl in the British West Indies was indeed “heinous,” her parents cannot establish the necessary level of negligence on the part of the Covecastles Resort to hold it responsible under New York law.