Are you a victim of sexual abuse by a teacher’s assistant, also known as a teaching assistant or TA? Was your child sexually assaulted by a teacher’s assistant at a public or private school? These incidents are very common in school systems all across the country, and many students keep the abuse to themselves out of fear, shame, or confusion.
Whether you are a parent of an abused child or an adult survivor of childhood sexual abuse, it’s essential to learn about your rights and legal options. You may have grounds to sue the school for monetary damages, like mental anguish, pain and suffering, and cost of therapy and other medical services. However, the legal process that’s involved with these cases is extremely complicated, so it’s important to speak with an experienced school sexual abuse lawsuit attorney.
Please contact our law firm as soon as possible so that we can provide you with a free case review.
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The Prevalence of Sexual Abuse by Teaching Assistants
Teacher’s assistants play a vital role in helping students and teachers with all sorts of tasks. These include private tutoring, educational support during lessons, helping with lesson plans, and enforcing disciplinary measures. Essentially, they allow the teacher to focus on classroom instruction, while providing support and encouragement to students that need extra help.
Though teaching assistants provide a valuable service, this is a position that can be easily exploited by a sexual predator. After all, TAs work closely with the most vulnerable children in class, the ones that are probably ostracized by other students and possibly dealing with abuse and neglect at home. These children are very susceptible to grooming, which is a precursor to sexual activity, like rape, inappropriate touching, and sending nude pics.
If the child was groomed over a period of weeks or months, they may not even realize that what’s happening to them is wrong, since they have formed an emotional attachment to their abuser. Or, they may have been threatened by the teaching assistant or manipulated into thinking that no one will believe them.
Can I Sue for being Sexually Abused by a Teacher’s Assistant?
Yes, you can sue a school district or a private school if you were sexually abused by a teaching assistant. The key is to prove that officials at the school were negligent, or had engaged in willful misconduct that allowed one of their staff members to take advantage of you.
We mentioned in the previous section that many students are afraid to tell someone when they are being abused by a teacher or teacher’s assistant. On the other hand, there are certainly children who go to another teacher, guidance counselor, principal, etc., to report what they are going through. Sadly, many of these complaints go nowhere, even though schools are legally obligated to investigate such claims under California’s mandatory reporting laws. At the very least, they must contact the police and the child’s parents / legal guardians when there is any suspicion or accusations of abuse.
Instead, we have come across countless incidents of buried evidence, transferring “problematic” teachers to other schools, and telling the victim that what happened to them was a misunderstanding. There are many other examples of negligence we can go into, but at the end of the day, it’s clear that many California schools have failed in their duty of care to the students they serve.
Lawsuits against school districts are very complex, due to the rules concerning litigation against public entities. It’s essential that you work with a lawyer who is experienced in school district lawsuits, which we can provide you with here at Normandie Law Firm. Discussing your rights and available legal options is the most important step, so contact our office as soon as possible.
What if I was Sexually Abused at a Private School?
You can sue a private school for sexual abuse by a TA, but the process if quite different that suing a public school, due to the fact that these institutions are private entities. Basically, they do not receive public funding, i.e., taxpayer dollars, so you do not have to go through the claims process that’s required for lawsuits against school districts.
However, there are complications with any lawsuit involving child sexual abuse, and building a strong and solid case requires help from a seasoned attorney. For one thing, you will need evidence of negligence by school officials, like failing to report allegations of abuse or not taking punitive actions against employees that engage in sexually inappropriate conduct with students.
Rest assured that our legal team has decades of experience in the representation of school sexual abuse victims. We are ready to fight for you and the compensation you deserve, so don’t hesitate to call if you would like to learn more about suing for sexual abuse by a teaching assistant.
Deadline to File a Lawsuit for Child Sexual Abuse
California’s statute of limitations for the sexual abuse of a child is based on one of the following:
- The date on which the victim turns 40 years old, meaning they have 22 years after their 18th birthday to file a lawsuit.
- Up to 5 years after discovering one or more injuries associated with sexual abuse by a teacher’s assistant.
Injuries can be physical in nature, as well as psychological, and it’s worth noting that the majority of these cases are based on mental health disorders. This is due to the fact that many people repress memories of sexual abuse, and as a result, fail to realize the effect it has on their lives. Many years can go by before these victims understand the harm they’ve suffered, and by then, they may be over 40 years old.
That’s why you are allowed to choose whichever date comes later – your 40th birthday or within 5 years of discovery – to sue a school for sexual abuse by one of their employees.
Average Value of a Teacher’s Assistant Sexual Assault Lawsuit
The average settlement value of a TA or tutor sexual abuse claim is $3,000,000 to $5,000,000 if there were numerous incidents of sexual assault. Depending on the degree of injuries to the victim and negligence by the school district / board, settlements may be as high as $10,000,000. If the case involves sexual harassment versus assault, the amount of compensation may be around $500,000 to $2,000,000.
We agree that average case values are helpful to know as someone that was sexually abused by a teaching assistant or tutor. But it’s more important to obtain a case value that’s based on your own circumstances, which we can help you determine during a free consultation.
How Long Does a School Sexual Abuse Case Take to Settle?
It takes anywhere from 6 to 24 months on average to settle a school sexual abuse lawsuit, though many cases take 1 to 2 years. This, by the way, is the expected timeline if we are able to negotiate a settlement through private negotiations. If further legal actions are needed, like going to trial, the process of settling a student sexual assault case may take 3 or more years. Please note that most lawsuits are not tried in court; in fact, over 95% of all lawsuits we file against private and public schools are settled without a trial. But there’s no denying that cases for the sexual abuse of a minor are complicated, so it will probably take at least 1 year before your case is fully resolved.
Contact Our Law Firm
The devastation of sexual abuse during childhood cannot be underestimated, especially when you are abused by someone you love and admire. Though you will deal with the effects of these incidents for the rest of your life, filing a lawsuit can help you obtain justice and move forward with your life.
If you decide to go ahead with a lawsuit, we will represent you for $0 and wait to receive payment at the end of your case. That only happens if we are successful in recovering your settlement. So, if you don’t receive payment from a school sexual abuse lawsuit, neither do we. That’s our promise to you according to the Zero Fee Guarantee, so you have nothing to lose by taking some time to speak with us.
Contact us today and receive a free case evaluation from a sexual assault in private or public school lawyer. One of our attorneys can also review your case and provide you with a free second opinion if you have an active lawsuit against a school district.
Other Pages on Our Website Related to This Topic
Soledad Unified School District Sexual Abuse Attorney