How do I know if my child was sexually assaulted or abused at school?
If your child was exposed to any sexual behavior by someone associated with your child’s school, including another student, any teacher, administrator, or school volunteer, your child may be a victim of sexual abuse or assault. Instances of child sexual abuse may encompass a range of behaviors, including but not limited to the following: kissing; inappropriate touching under a child’s clothing; touching of a child’s breasts, genitals, or buttocks; exposing of genitals; masturbating in front of a child; penetrating a child’s vagina or anus with one or more fingers, an object, and/or penis; oral sex; showing a child pornography and/or the sharing of sexually explicit pictures; as well as a child receiving sexually explicit phone calls, text messages, or posts on social media.
Can I sue the school if my child was sexually assaulted?
If the incident occurred on the school’s premises or during an authorized school event, for example a school dance or trip, you would have grounds to file a lawsuit against the school on behalf of your child. Additionally, if your child’s school had prior notice of complaints of inappropriate conduct by an adult affiliated with your child’s school, you may also have grounds to file a lawsuit against the school on behalf of your child even if the incident does not occur on school premises or at a school event.
Schools must take measures to ensure student safety. This includes conducting thorough background checks of any school employee, contractor, or volunteer that may come into contact with a student; promptly investigating complaints of sexual misconduct; immediately reporting any sexual abuse of a child to legal authorities; effectively disciplining and/or terminating perpetrators of sexual assault against a child; as well as implementing safety protocols in hallways, classrooms, and outdoor areas.
I have privacy concerns for myself and my child. What are my options?
Fortunately, the California Court System has processes in place to protect you and your child’s privacy. These include filing a case using anonymous names such as John or Jane Doe, or pseudonyms such as you or your child’s initials.
Are there any time limits that I should be aware of?
Yes. If your child goes to a public school and/or a government entity is in any way involved, a tort claim must be filed within 1 year of the sexual abuse or assault. While the time period for bringing a claim against a private school or entity is longer, it is in your child’s best interest that you contact a Child Sexual Assault Attorney as soon as possible.
Will it benefit my child to sue the school? What damages could my child recover?
Unfortunately, victims of childhood sexual abuse and assault can have lasting developmental issues and trauma. In many cases, a child will need to undergo a significant amount of professional counselling later in life to heal from these events. In order for a child who has experienced sexual abuse or assault to obtain the justice they deserve, the child’s parent or legal guardian must bring a lawsuit on behalf of their child.
Schools must be held accountable for their failure to ensure the safety of a child who has been entrusted to their care. Child Sexual Assault Attorneys are equipped to assess the situation and devise a strategy to hold schools responsible for a student’s sexual assault.