‘13 Reason Why’ Season 2’s Court Case, Explained

13 Reasons Why is back, and though time has passed, things are just as dramatic as ever. But there’s one major change from last year to this year. Whereas Season 1 predominantly took place in Liberty High, Season 2 spends a lot of its time in the court room.

Much like Season 1’s tapes, Season 2 uses the testimonies of students and teachers as it further explores Hannah Baker’s (Katherine Langford) suicide. But what exactly is the court case at the center of this teen drama? And have there ever been similar cases? Before you binge Season 2 this weekend, here’s your refresher on this case and everything related to the trial.

What is Hannah’s parents’ argument?

The crux of this case relies on responsibility. Hannah’s parents Olivia and Andy Baker (Kate Walsh and Brian d’Arcy) are arguing that the school knew that Hannah was being bullied, but it didn’t do anything to help her, nor did it reach out to them. If they’re able to prove this, the school could be held responsible for Hannah’s death.

At the beginning of Season 2, it seems as if the Bakers are willing to settle. However, after representatives for the school added a NDA agreement back into the settlement, the Bakers pulled out. It’s important for Hannah’s parents to know the truth and to hold this school responsible, but even more than that, they want to be able to speak publicly about Hannah’s story. That means this case is going to trial.

Who is the prosecutor for the Bakers?

That would be the composed and sharp-tongued Dennis Vasquez (Wilson Cruz). Dennis was in Season 1 a good amount, but Season 2 gives him more room to become a better established character. Also on the Bakers’ side is Jackie (Kelli O’Hara), an advocate for victims of bullying. Only time will tell if she’s an asset or liability to this case.

What’s Liberty High’s argument?

The school maintains that they didn’t know anything about how Hannah was being treated. Because all of the drama is so severely limited to secrets among teenagers and because both the Bakers and the students are trying to avoid bringing the tapes into court, they have a pretty solid argument. There’s just one smoking gun — school counsellor Kevin Porter (Derek Luke).

Shortly before killing herself, Hannah sought out the help of the counsellor and told him that the rich jock villain Bryce (Justin Prentice) raped her. Mr. Porter sidestepped the conversation and after failing to get an official accusation from Hannah, suggested that she forget the whole thing. The entire conversation between Hannah and Mr. Porter was recorded, but — again — no one wants to bring the tapes into evidence. The school knows that Mr. Porter’s tape is proof he knew something was wrong with Hannah and didn’t take additional steps. The Bakers are afraid the tapes will discredit Hannah.

Who is the defense for the school?

That would be the cutthroat Sonya (Allison Miller). Time after time Sonya is shown cutting down the teenagers she’s interrogating. It’s brutal even for a show that has no problem being dark.

Have there been real cases like the one in 13 Reasons Why?

Sadly, yes. Recently a student at Hamilton College took his own life, but because he was legally an adult when he died, the victim’s parents were unable to press charges against the school. However, the death has made some facets of higher education re-evaluate these institutions’ responsibilities when it comes to self-harm, suicide attempts, and mental health.

People have been held legally responsible for assisting with a student’s suicide. Michelle Carter was found guilty of involuntary manslaughter for listening to her friend Conrad Roy III kill himself without intervening. There was also a case in Kentucky which involved the parents of a suicide victim suing their child’s school. The case was eventually thrown out because the prosecution was unable to adequately prove that the school knew about the bullying.

Stream 13 Reasons Why on Netflix