Yes, you can sue a public school district for sexual abuse by another student if there was a clear case of negligence or misconduct by those who were in charge of protecting you. This can include teachers and administrators at the school, school district officials, and other adults that work in any capacity at the school.
Proving liability by the school district for sexual abuse of a student is extremely important, as there is virtually no point in suing the abuser. Chances are, they won’t have anything worth suing for, whereas a school system has the insurance coverage, i.e., financial resources to pay for a sexual assault settlement or verdict.
In all honesty, just about every client we represent for a school sexual misconduct lawsuit was failed in some way by the adults at the school. Many of these victims complained about inappropriate comments, touching, and other behavior to a teacher, coach, or someone else they trusted. Yet, time and time again, staff members and school officials did not take the accusations seriously. If there was an investigation, the victim was told that there was no evidence to support their allegations, so the predatory student was allowed to stay at the school.
In some cases, you find that principals and school district officials hid evidence of a student being sexually assaulted by another student. Through our investigations, we have uncovered emails and other forms of communication where it’s clear that school employees knew about an older student’s tendency to sexually harass and assault younger students. But their interests lie in how to conceal these events and keep the victims from going to their parents or the police. Shockingly, there was little, if any, empathy or means of protection for the child that is being tortured by a sexually aggressive bully.
The scars of sexual assault are deep and permanent, but there are ways to work through the pain and move forward with your life in a positive direction. For many survivors of child sexual abuse, suing the school district for monetary compensation is a form of justice that is critical to the healing process. We are here to help with any question that’s on your mind, including, “Can I sue a school if I was sexually abused / molested by an older student and they did not do anything about it?”
Our Recent Verdicts and Settlements
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Do I Need to File Criminal Charges if I Want to Sue for Sexual Abuse?
No, you are not required to seek criminal prosecution for sexual assault in California if you wish to file a lawsuit. In fact, you can file a civil claim for sexual abuse while you were at school even if the police were never contacted about the assault.
However, if charges were filed and the resulting criminal case was unsuccessful, you may be worried about how this will affect your lawsuit. Don’t worry – the outcome of a criminal action against the perpetrator has no impact on your right to sue them or any other entity for negligence. It’s worth noting that most victims who do not succeed in the criminal courts receive favorable results from a lawsuit. Thus, they have an opportunity to hold the abuser and school district accountable, while obtaining compensation for their recovery needs and financial losses.
Proving Sexual Assault in a Civil Lawsuit Versus a Criminal Case
Why is it that civil lawsuits for sexual assault are more successful that criminal prosecutions for the same offense? It has to do with the burden of proof, which is significantly lower in a sexual abuse lawsuit versus a criminal case. In the criminal courts, you have to prove that the defendant is guilty “beyond a reasonable doubt,” which is an exceptionally high standard to meet. It’s also worth noting that the defendant is presumed to be innocent, so the entire burden of proving the case is on you, the victim.
On the other hand, the civil courts operate by the “more likely than not” standard. So, you are required to show that it’s more than likely that what you are claiming is true based on the available evidence. This is a total game changer that puts the ball back in the plaintiff’s court. Proving a case by this standard is far easier, which is why so many students who were sexually abused by someone at the school choose to file a lawsuit against the school district.
How Long You have to File a School Sexual Abuse Lawsuit
The current laws in California allow child sex abuse victims 22 years to file a civil lawsuit, starting from when they reach the age of adulthood. You are legally an adult in California at 18 years of age, so if you add 22 and 18, you can see that your 40th birthday is the deadline to sue a school district for sexual abuse and assault.
However, California is one of many states that have more or less done away with a strict time limit for those who were sexually abused as minors. So, even if you are older than 40, a legal exception can be made if you experienced a delayed discovery of one or more injuries resulting from sexual abuse. This can include psychological issues that were caused by the trauma of a sexual assault incident. The victim can live with these issues for many years before they figure out that sexual abuse during childhood is the reason they are having problems.
Starting from whenever the victim has their moment of realization – which may require help from a therapist – there is a window of 5 years to sue the liable entities for monetary compensation.
Amount of Compensation for Child Sexual Abuse Victims
These cases generally have 6 to 7 figure values, so it’s quite possible that you are looking at a settlement of $1,000,000 and above if you succeed in a school student sexual abuse lawsuit. In the most egregious cases of physical and emotional injury, coupled with gross negligence by school officials, the total amount of compensation may be over $5,000,000. Due to the wide range of payments that are associated with these cases, it’s not a good idea to speculate on how much you can expect to receive if you decide to file a claim. The best plan of action is to contact a lawyer with experience in suing school districts for sexual abuse by another student.
Contact Our Law Firm
No child should have to worry about sexual harassment, assault, and other kinds of abuse when they are at school. Unfortunately, these incidents are very common, but there is something victims can do if they were failed by the school system that was supposed to protect them.
We are here to help you explore the option of filing a school sexual assault lawsuit. The process begins with a free consultation, where you can decide if suing the school district is in your best interest. If so, our sexual abuse lawyers will provide you with a Zero Fee Guarantee. This way, we will take your case on contingency and wait to receive our fees from the party you are suing. Legal fees are a part of your settlement award, so there is no cost to you whatsoever if we don’t win your lawsuit.
To learn more about the ways we can help you, contact our law firm at your earliest convenience.
Other Pages on Our Website Related to This Topic
Average Settlement Value for a Rosemead High School Sexual Abuse Lawsuit
Youth Detention Facility Sex Abuse Juvenile Hall Lawsuit Lawyer
Rosemead High School Sexual Abuse – How Long Do I have to Sue?
