Yes, you can file a lawsuit for a teacher, coach or administrator sending pornography or links to pornos to a student. You can sue not only the person sending the images or links, but the school district if they failed in their duty of care to protect you from being sexually abused by a school employee.
Sending sexually explicit materials to an underage individual is child sexual assault under California law. Such material includes links to nude pics of others, adult sites or sexual stories and books, as well as texts and chat messages of a sexual nature.
If you sexually abused by a staff member at your school, you may have grounds to file a child sexual assault lawsuit and receive compensation for the harm you’ve suffered. A school sex abuse lawsuit can also be filed by a parent or guardian of the victim if they are under 18 years old. We understand that this is a difficult and highly sensitive issue to talk about, but rest assured that our attorneys have many years of experience in the representation of sexual abuse victims. For a free case evaluation with a school sexual abuse lawsuit attorney, contact Normandie Law Firm.
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Student Sexual Abuse as Defined by California Law
To ensure that you understand your rights as a victim, let’s take a moment to understand how sexual abuse of minors is defined in the state of California. Basically, a minor is used to describe an individual under 18 years old. This is the age of consent in California, i.e, the age at which someone can make informed choices about sex.
We’re not disputing that sexual activity happens among students at a school, but an adult engaging in sexual conduct with someone under the age of 18 is a whole different matter. This is illegal in California, and punishable by the criminal and civil courts. And by “sexual conduct,” we are referring to any type of engagement where the adult obtains sexual enjoyment, like a teacher sending pornography or nude photos to a student. To be specific, this is an example of child sexual assault, since children cannot consent to receiving and exchanging such information.
Now, some people may chafe at the usage of “assault” in these situations, but here’s the reality: many sexual predators use these images as a way to groom an innocent child. This is particularly true with teenagers, who are dealing with sexual feelings and experiences for the first time. Sharing of such materials can be used to manipulate them into other sexual acts, like fondling, oral sex, and sexual intercourse.
Those who are used in this manner end up with feelings of disgust and shame, which can stay with them for the rest of their lives. That’s why it’s essential for abuse victims to explore their legal options and obtain compensation from the responsible parties.
Can I Sue a School Teacher – Coach – Administrator for Sending Pornography to Students?
Yes, you can sue a teacher, sports coach, or school administrator for sending you pornographic material or sending you links to adult sites. Exposing a minor to sexually explicit consent is sexual abuse, even if there was no physical contact between you and the staff member.
Lawsuits can be filed against the abuser, but many of these claims involve the school district. While school officials are not directly responsible, they are liable if they fail to take reasonable actions that could have protected the student. These include:
- Running background checks on all prospective employees
- Contacting the police and the child’s parents immediately upon receiving a sexual abuse complaint
- Investigating inappropriate sexual conduct by teachers and other employees and removing the accused from the school during this time.
- Notifying other parents / guardians of the issue and encouraging other victims to come forward
- Firing the offender and cooperating with authorities (turning over evidence, for example) if there are compelling circumstances to support a case of child sexual abuse
Unfortunately, school districts can be negligent at alarming levels when it comes to sexual abuse allegations against their employees. We’ve seen sexual predators that were sent from one school to another by the same district. These same districts often try to silence the victim, either thru a bribe or veiled threats. They may even say something like, “Yes, what happened was inappropriate, but the teacher did not abuse the student.”
Clearly, there is a need to go after these school districts and hold them accountable when they neglect the safety of their students. If you are a victim of school sexual abuse, don’t hesitate to contact the sexual assault lawsuit attorneys of Normandie Law Firm.
Deadline to Sue for Sexual Abuse of a Student
You have until the age of 40 to file a lawsuit for child sexual assault, or in other words, 22 years from your 18th birthday. Thus, you can sue the school district for sexual abuse by a teacher from many years ago. But what can you do if you are past the 22-year statute of limitations for a student sexual abuse lawsuit? Can you file a claim for compensation if you are over 40 years old?
Yes, you file a lawsuit past the age of 40 if you meet the standards of the 5-year discovery rule. This is a legal provision that recognizes how children suppress memories of abuse and neglect. This allows them to push these painful incidents aside and move forward with their lives. But the trauma cannot be ignored forever, and many victims end up with serious mental health disorders, like PTSD, eating disorders, and suicidal thoughts. Once they start getting help from a therapist, they finally understand that these issues are a direct result of sexual abuse while they were children.
If this realization, i.e., discovery, was made within 5 years, you can still proceed with a sexual abuse claim against the school system. Thus, how long you have to file a student-teacher sexual abuse lawsuit is not necessarily based on your age. To learn more about the statute of limitations for a sexual abuse by a teacher lawsuit, please give us a call.
School Sexual Abuse Lawsuit Average Case Values
A school sexual abuse lawsuit is worth $500,000 to $3,000,000 on average, based on numerous factors that are unique to your circumstances. Settlements can exceed $5,000,000 if the victim’s emotional and/or physical injuries are especially severe, and there is clear evidence of misconduct by the school officials.
Ultimately, the amount you can receive from a student sexual abuse lawsuit is based on the total of monetary damages you are eligible to receive. These include:
- Medical expenses
- Pain and suffering
- Mental anguish
- Lost income / earning potential
- Loss of consortium
- Attorney’s fees
- Treble damages
Learning about each of these damages is crucial to obtaining maximum compensation in a lawsuit. Our law firm is ready to meet with you and go over any questions you have during a free consultation. Simply give us a call to speak with a sexual abuse at a school lawsuit attorney.
How Long Do these Cases Take to Settle?
Settling a school sexual abuse claim takes anywhere from 12 to 24 months, and possibly longer, based on the type of legal action you are taking. If there are multiple victims at the same school, for example, you may decide to file a class action lawsuit. Sexual abuse class action lawsuits take 2 to 3 years to settle on average, and 4 to 5 years if the case is tried in court.
Going to trial can also add considerable time to a personal injury lawsuit for student sexual abuse. If you are filing a lawsuit on your own and your case goes to trial, it can take up to several years before a jury rules on your case. Having said that, it’s unlikely that your case will get this far, as most claims for sexual assault of a minor are settled out of court. This is the most efficient way to resolve a lawsuit for both the plaintiff and defendant. However, it’s essential that you end up with a compensation amount that reflects your level of harm and suffering. Negotiating a fair settlement can take 1 to 2 years in many of these cases, especially with class action lawsuits.
To get a better sense of how long it will take to settle a school sexual abuse lawsuit, contact our office to schedule a free consultation.
Speak to a Lawyer with Experience in Child Sexual Abuse Lawsuits
Sexual abuse of a minor should not be tolerated under any circumstances, but that’s precisely what has happened – and continues to happen in many school systems throughout California. The district officials that enable child sexual assault are just as responsible as the people that perpetrate these offenses. That’s why there are laws in place to help victims sue a school district for sexual abuse by one of their employees.
The sexual abuse lawsuit lawyers of Normandie believe that all victims should have the right to seek justice, which is why we have a Zero Fee Guarantee. All expenses related to your case are paid by the defendant as a condition of winning your case. This is the only way we receive payment, so there’s no cost to you whatsoever if we fail to recover your settlement.
We provide free initial consultations for those who are ready to explore their rights and legal options. If you have a lawsuit that’s already in progress, we are happy to meet with you for a free second opinion. Just contact our office at your earliest convenience to discuss your case with a school sexual abuse attorney.
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