Yes, you can sue a teacher for sending nude pictures to a student, which is a form of child sexual abuse. Lawsuits can also be filed for nude pics and sexually explicit materials sent to students by a coach, administrator, or any other school employee. This includes conversations of a sexual nature, even if no images or video clips are attached. In short, any interaction of a sexual nature between an adult and a minor is child abuse – more specially, child sexual assault – under California law.
As someone who was abused by a trusted adult at a school, you are entitled to justice in the criminal and civil courts. However, child sexual abuse is a very complex and difficult issue to deal with, and taking legal action can seem overwhelming to victims and their loved ones. Help is available from a school sexual abuse lawsuit attorney at our office, so please contact us to schedule a free, confidential consultation.
California’s Laws on Sexual Assault against a Minor
First, it’s important to understand that any interaction of a sexual nature between adults and minors constitutes sexual abuse in California. The term “minor” refers to individuals that are under 18 years old, which is the age of consent in California.
Many people argue about the definition of consent, and yes, teenagers do engage in sexual activity with each other without being forced into it. They may even have sexual relations with those older than 18, with both parties insisting that it was consensual. However, the legal definition of consent is very clear in a legal sense. Basically, you must be at least 18 years old to make informed choices about sex, and thus, if you are under this age, you are unable to give legal consent to sexual activity.
That’s why any adult that engages in a sexual manner with someone under the age of consent is guilty of child sexual abuse. Sexual interactions include sending and receiving nude pics, even if there was no physical contact between the teacher and student. However, we find that some form of inappropriate touching or contact occurs at some point in most of these cases. The photos are generally used as a way to “test the waters” and groom the child into more explicit activity, like sexual fondling, oral sex, and intercourse.
We want to stress that the trauma of sexual abuse can last a lifetime, and the shame and guilt can be extremely difficult to live with. Students who were put in this awful situation deserve justice, which they can obtain with help from a school sexual abuse lawsuit attorney.
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Can I Sue for a Teacher – Coach – Administrator for Sending Nude Pictures to Students?
Yes, you can sue a coach, teacher, or school administrator for sending nude photos to you via text, email, or a social media account. You also have the right to file a lawsuit for sexually explicit material sent to you by other staff members, like a janitor, bus driver, secretary, or food service worker.
The person that sent you the photos is the obvious party to go after in these lawsuits, but school officials may also be at fault when a student is sexually abused. When our legal team investigates a school sexual abuse claim, we typically find that the school was negligent in their duty of care to the students. Quite often, there were multiple complaints of inappropriate conduct by a specific teacher, over a period of many months or years. We’ve come across letters between the schools and school districts clearly acknowledging that there is a problem, yet nothing was done to keep the offender away from the students. If there was any action at all, it usually involves moving the teacher to another school or giving the victim a transfer or home-school option, as if they are to blame for what happened.
Failure to call the police, fire / suspend the employee, hiding evidence of student sexual assault, and other acts of negligence is shockingly common in school systems throughout California. If you are one of the countless victims of school sexual abuse, please take some time to learn about your rights from one of our legal experts.
Average Value of a School Sexual Abuse Lawsuit
Sexual abuse lawsuits against a school district are worth around $500,000 to $3,500,000 if we go by the settlements recovered by our attorneys. If the injuries to the victim are especially severe and there is proof of gross negligence by the defendant, a school sexual abuse claim may be worth over $5,000,000.
These amounts are based on monetary damages that the victim is entitled to, which may include:
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Pain and suffering
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Emotional distress
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Medical expenses
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Lost wages or income opportunities
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Loss of consortium
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Legal fees
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Treble damages
Talking to an attorney about these categories is very important, as you need to have a sense of what you are entitled to in a legal case. Furthermore, each damage you claim will have a direct impact on the amount you can recover, which is the key to maximizing your case value. Whether you are the parent of a sexually abused child or an adult seeking justice for child sexual assault, please reach out to us and learn about the compensation that’s available to you.
How Long it Takes to Reach a Settlement
It can take around 1 to 3 years to settle a student sexual abuse lawsuit. If there are no major hurdles in the legal process and the school district wants to cooperate with us, a school sexual abuse claim may be settled in 6 to 12 months. In reality, many district officials will fight tooth and nail to avoid accusations of sexual abuse and compensate the victim accordingly. In addition, cases against public school systems have specific procedures that will add to the amount of time it takes to settle a lawsuit for student sexual abuse by a teacher or another school employee.
If you are filing a class action lawsuit with other victims, a school sexual abuse lawsuit can take 2 to 4 years to settle. Class action claims are not uncommon when it comes to sexual abuse of students, as it’s likely that there are multiple children that have been abused by the same perpetrator. In fact, we have come across cases where the coach, teacher, or administrator abused dozens of children, possibly over a hundred, during a period of 10 or more years. Due to the number of plaintiffs, court requirements, and other complications, a school sexual abuse class action lawsuit usually takes longer than claims that are filed by an individual.
Our lawyers can provide you with a detailed explanation of the case resolution process during a free case review, which you can schedule by contacting our office.
Time Limit to File a Lawsuit against the School District
The statute of limitations for a child sexual abuse lawsuit is 22 years from when the victim turns 18. In other words, you have until your 40th birthday to sue the school district, and any other party that shares liability. But what is you are past the age of 40? Is it too late to seek justice through the civil court system?
You may still have the chance to file a compensation claim against the school if you can show that the emotional issues you are struggling with now are the result of sexual abuse during childhood. In that case, you would have 5 years from the date of making that connection to sue for monetary damages. This is known as the 5-year discovery rule, and it applies in situations where victims repress memories of sexual abuse due to their inability to deal with such a painful situation. Eventually, these memories emerge as mental health symptoms, like flashbacks, nightmares, suicidal thoughts, and anger management issues.
How long it takes to discover the emotional impact of sexual abuse is different for each and every victim. Thus, if you are over 40 years old when you finally connect the dots, you can file a school sexual assault lawsuit within 5 years from the discovery date.
For more information on how long you have to file a lawsuit, contact the school sexual abuse lawyers of Normandie.
Contact us 24 Hours a Day, 7 Days a Week
Someone is always here to answer your call and provide assistance when you contact the offices of Normandie Law Firm. We know how difficult it is to speak out when someone has violated you in a sexual manner, especially if you’ve kept the abuse to yourself for many years.
Please know that our attorneys have decades of experience in working with sexual assault victims, particularly adult survivors of child sexual abuse. We understand that clients such as yourself need time, attention, compassion, and honest answers regarding your rights and legal options. Hopefully, you will give us a chance to help you by contacting us for a free case review or free second opinion consultation.
If taking legal action is the right choice for you, there’s no need to worry about legal fees. Those expenses are paid by the defendant as long as we win your case. We also have a Zero Fee Guarantee on all cases, meaning there is no out of pocket cost to you, regardless of what happens in your lawsuit.
To explore the available legal options for a school sexual assault claim, please contact our law firm.
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