Can I Sue a School if Another Student Sexually Assaulted my Child?

Most children encounter bullying and harassment in some form or another during their school years. However, some children suffer abuse that no one should be subjected to – sexual assault by another student at the school or in their classroom.

If you recently found out that your child was abused in a sexual manner by another kid, you are likely to have questions about your legal rights, like “Can I sue the school if another student sexually assaulted my child?”

This article will go over the legal issues that are involved when it comes to suing a private school or public school district for student sexual abuse. However, we suggest that you contact our office and schedule a free consultation, as you are likely to need information that’s specific to your own case.

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Is a School Liable for Sexual Assault by Another Student?

Yes, a school may be responsible for incidents of sexual assault by a student at the school. There are many ways that a school can be liable in these situations, which is based on the legal concept of negligence. Essentially, negligence refers to a failure to exercise reasonable care towards someone else. A dog owner, for example, must supervise their dog at all times and make sure that it does not hurt someone because it ran out of the house of broke free from the leash.

At a school, students are owed a duty of care by the teachers, classroom aides, administrators, coaches – frankly, any adult that is employed by the district or school board. Those at the supervisory level, such as principals and vice principals, have the highest degree of responsibility when it comes to protecting students from harm. Yet, we come across so many cases where these individuals were blind to what was going on right before their eyes.

With many of the clients we’ve represented over the years, it’s clear that their cries for help were ignored or not taken seriously by the people in charge. These kids were told that they should just ignore the other student, who is simply looking for attention. Even when the student is being threatened with physical and sexual assault or sexually harassed on a daily basis, the adults looked the other way and acted like nothing was wrong. In some cases, they even went out of their right to protect the abuser by hiding evidence and convincing the victim that it was all a big misunderstanding.

As you can see, there are many theories of negligence that can form the basis of a student on student sexual assault lawsuit. If you would like more information on this topic, don’t hesitate to give us a call.

Public or Private School Special Needs Children Requiring Supervision

Children with special needs are especially vulnerable when it comes to sexual assault by other kids. The aggressor may be an older student who has a history of previous incidents of assault against other students. An innocent child can also be attacked by a mentally unstable student in special classrooms due to the school’s failure to supervise the kids, implement additional safety measures, or have sufficiently trained staff in the classroom.

Tragically, a special needs child may not understand that they are being abused, so they may not go to someone for help. Many of these kids are eager for acceptance by another student, or convinced that this is just a fun activity that friends do together. This is why it’s so important for adults working with special needs students to recognize the signs of sexual and physical abuse.

If you are the parent or guardian of a special needs child who was sexually assaulted at their school, please take a moment to reach out to us. We are here to offer advice and guidance 24 hours a day, 7 days a week.

Deadline for a Child Sex Abuse Lawsuit in California

California law provides victims of child sexual abuse 22 years to file a lawsuit. Please note – this time period does not begin until the victim is 18 years old. So, the actual deadline to sue a school for their failure to protect you from sexual assault is whenever you turn 40 years old.

This provision was put into place with the knowledge that many children do not seek help when they are abused. Thus, they may not be ready to come forward and take action through the legal system until they are much older. However, parents of the victim can also hold a school responsible for student on student sexual assault. In this case, we strongly advise that you contact a lawyer right away, who is thoroughly experienced in lawsuits for negligence by a school district or private school.

By acting sooner rather than later, you will maximize your chances of locating crucial evidence, finding key witnesses (other victims, for example), and building a strong case for liability. At the very least, you will understand your rights and the available legal options if your child is being sexually harassed or assaulted by students at their school. To schedule a free case review with one of our legal experts, contact us today.

Settlement Values for a Student Sexual Assault Lawsuit

Child sexual abuse cases have relatively high values that can start at around $400,000. For one of more incidents of sexual assault, the settlement is likely to exceed $1,000,000, particularly if the victim was a special needs child and the school failed to provide adequate supervision. In these cases, you may see verdicts that exceed $5,000,000 depending on various factors, like the number of assaults, the resulting injuries, and the impact on the victim’s physical and emotional health. Because there are so many issues that can affect the amount of compensation you are owed, it’s in your best interest to contact a school sexual abuse lawsuit attorney. That way, you can obtain an accurate case value based on the level of harm that was inflicted on your child.

Contact Normandie Law Firm

You have the right to expect that your child is protected from bullying, harassment, and other forms of abuse from other students when they are at a school. Employees at the school have a legal duty to protect students from sexual misconduct, but it’s clear that far too many districts and private schools are failing in their duty of care.

Our law firm is here to guide you through the legal process if are interested in suing a private or public school for student on student sexual assault. We will also provide you with free legal services by taking your case on contingency and asking the school system to pay us for the cost of representing you. Since our payment is based on winning your case, we make absolutely nothing in the event we do not recover your settlement. This way, you never have to worry about paying out of pocket to hire a school sexual abuse attorney.

For a free consultation to learn about your rights and legal options, please contact our office.

Other Pages on Our Website Related to This Topic
Can You Sue a School District for Sexual Assault by Another Student
Average Settlement Value for a Rosemead High School Sexual Abuse Lawsuit
Rosemead High School Sexual Abuse – How Long Do I have to Sue?