CHICAGO (CBS) – A Chicago father says a horrible crime against his daughter could have been prevented if a Chicago Public Schools teacher had intervened.

The parent says the instructor watched his daughter and a would-be rapist walking away from her school and was concerned enough to take photos – yet did not alert police.

CBS 2’s Mike Puccinelli reports.

Attorney Jeffrey Deutschman says the 30-year-old suspect coaxed the 11-year-old student away from Cook Elementary at 82nd and Bishop with beer and later sexually assaulted her. The attack allegedly occurred in May.

“The reality is the teacher and the school showed reckless disregard for the safety of this child because they could have stopped this terrible act,” the attorney says.

Deutschman says the teacher saw the child walking away with the man and was suspicious enough to snap his picture — not once, but three times. The teacher, however, never followed up by calling police, school security or the girl’s parents, he says.

“To not say anything to anyone until at least five o’clock that day is absolutely ridiculous,” he says.

It wasn’t until about eight hours after she snapped the photos that Deutschman says the teacher finally called the parents of the young victim.

CPS officials say they haven’t seen the lawsuit and therefore can’t comment.

So far, the man has not been charged with a crime.