Delano Union Elementary School District is based in the city of Delano in Kern County, California. The district is comprised of 12 elementary and middle schools, including specialized schools that are focused on math, science, or languages. Just like any school district, DUESD has its share of highs and lows, but protecting students from sexual assault and other child abuse incidents must be a top priority.
Were you or your loved one subjected to sexual abuse by a PE teacher, principal, bus driver, sports coach, janitor, or any other employee at a public school in Delano, California? Incidents of child rape, attempted rape, sexual grooming, etc. are very common at elementary schools, and the effects of child sexual assault can stay with a victim for the rest of their lives. That’s why it’s essential to seek legal advice from a Delano Union Elementary School District sexual abuse attorney as soon as possible. Our lawyers are committed to representing you and ensuring that you are properly compensated by the responsible parties.
Please contact us and schedule a free consultation if you or your child was sexually assaulted by a Delano, California public school employee.
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What is School Sexual Abuse?
To understand how school sexual abuse is defined under California law, one has to consider the age of consent, or the age at which an individual can make an informed choice when it comes to sexual activity. In California, this age is defined as 18, so anyone below this age is a “minor,” who cannot consent to a sexual relationship with an adult.
Why is this important to understand? Well, as awful as it sounds, there is a tendency to blame the victim in these situations. If the student is a teenager who is sexually active, the abuser may argue that the student came on to them first and that the act of intercourse, oral sex, etc. was consensual. If the child is of elementary school age, the school may argue that the teacher was “acting inappropriately,” but the student was not raped or assaulted.
However, any interaction between adults and underage individuals for the purpose of sexual gratification is considered sexual abuse under the law. And the responsibility for these incidents lies with the adult, not the child, who as we’ve said before, cannot consent to sexual relations. But it’s not just the perpetrator that may be at fault when incidents of child molestation are uncovered at a school. The school district may also share responsibility, which is a topic we will explore in the next section.
For now, let’s take a look at some of the most common examples of student sexual abuse in the Delano Union Elementary School District:
- Sexual grooming, in which the abuser befriends the child to establish an emotional connection and slowly coerce them into sexual activity
- Exchanging of sexually inappropriate content through social media sites, email, and text messaging
- Fondling, kissing, groping, and other types of sexual touching
- Oral sex or intercourse, either vaginally or anally
- Soliciting a student for nude pics or manipulating / forcing them to engage in sexually explicit conversations
This is not a complete list, so don’t hesitate to contact us if you are not sure about the definition of sexual abuse and whether it applies to your situation. Understanding the laws and your rights as a victim is the only way to make an informed choice on your legal options, which include filing a sexual assault lawsuit against the Delano Union Elementary School District. Our lawyers are ready to advise you during a free case review, so contact us today.
Can I Sue if I was Sexually Abused as a Student?
Yes, you can sue for being sexually abused while you were attending a DUESD school, though who you can sue will depend on the circumstances in your case. When a student is sexually abused, the perpetrator is typically a district employee, like a teacher, coach, or school administrator. But you have to question if the school was aware of abuse complaints against the individual and how long they’ve known about these issues. Even more important, what did they do with this information? Did they contact the police or child protective services? Did they notify the parents of the child, or did they try to bury the accusations and make them go away? Was the teacher fired or suspended right away, or were they allowed to continue working with students, including the victim (or victims)?
Frankly, we often find that school districts had prior knowledge that something inappropriate was going on between students and one or more of their employees. By the time we conduct an investigation, there is a long history of complaints from parents and students, as well as other staff members. Yet, there was very little done to address the problem or protect the students from further acts of sexual assault. If anything, the teacher is simply moved to another school within the district, which gives them access to a whole new set of victims.
Such negligence and misconduct by a school district can serve as the foundation for a school sexual abuse lawsuit. Even if they are not directly responsible, it’s clear that their failure to exercise reasonable care is why these incidents keep happening year after year.
Liability for sexual abuse at a school is a complicated subject, which you should discuss with a Delano Union Elementary School District sexual assault attorney. Contact our law firm and schedule a free case evaluation on your rights and legal options.
Average Value of a Delano Union Elementary School District Sexual Abuse Lawsuit
“What are these cases worth on average?” is one of the most common questions that we receive from those who were abused at a California public school. We can understand the need to get a sense of settlement values associated with these lawsuits. But there is no specific amount that can be described as “average” for incidents of school sexual assault. Even more important is the fact child sexual abuse affects each person in a different way. And these injuries and monetary losses are the key to determining the amount each victim is entitled to.
Of course, it you do any amount of research on this topic, you quickly come across settlements in the multimillion dollar range. Based on decades of experience with child sexual abuse lawsuits, we would say this is to be expected, though it doesn’t tell the whole story. There are many issues that play a role in case values, including the age of the victim, the duration of abuse, the specific acts that took place, and what the school district was aware of in reference to these incidents.
If we had to nail down a range of values, we would say that most of these lawsuits are worth about $500,000 to $2,500,000. As you can see, this is a very wide range to work with, so we recommend that you contact us if you would like to discuss the potential value of your own lawsuit.
How Long Do These Cases Take to Settle?
Once you have an idea of how much you can receive from a lawsuit, the next question likely has to do with how long it will take to reach a settlement. Unfortunately, there is no simple answer to this question, especially when you are suing a school district. Lawsuits for sexual abuse at a school are incredibly complex, as there are specific guidelines in place for legal actions against public entities. Before you can file a lawsuit, there is a claims process you will need to go through, and this can take anywhere from a few months to one or more years.
The most ideal situation is to negotiate a settlement privately with the school district, meaning no further legal action is necessary. But many of these cases progress to a lawsuit, and that’s due to the fact that school districts generally want to avoid any connection to the sexual abuse of a minor. Even if they do admit liability, they will try very hard to settle your case for the lowest possible amount.
Unsurprisingly, many school sex abuse claims proceed to a lawsuit, and that can add one or more years to the process of reaching a settlement. We want to stress that settling the case out of court is very much a possibility, and in fact, less than 5% of all lawsuits are tried in court. However, we want to be honest about the fact that it can take up to several years to receive payment from a school sexual assault lawsuit.
Statute of Limitations for a School Sexual Abuse Lawsuit
Fortunately, California is very progressive when it comes to the rights of child sexual assault victims. Minors who were sexually abused have a generous amount of time to file a lawsuit, which is based on one of the following conditions:
- Up to 22 years after the victim turns 18, i.e., the age of consent in California.
- Up to 5 years from the discovery of sexual abuse during childhood, or the physical / psychological impact of sexual abuse.
This is an important issue to discuss with an attorney, as you can base the statute of limitations on the latter of these dates. This was intentionally put into place by lawmakers so that victims had as much time as possible to take legal action against their abusers. Regardless of the time limit, you should speak to a knowledgeable school sexual assault attorney as soon as possible. There are many aspects to the legal process that you should be aware of, which is the only way to make an informed decision on how to proceed with your case.
Help from a Law Firm with Experience in Schools Sexual Abuse Cases
Ensuring the safety and well-being of students at a school is a demanding and rigorous job, even under the best circumstances. But it’s a duty that is required of people working at a school, so there is no excuse for negligence when a child is being sexually abused. Sadly, we know that sexual assault by a school employee happens far too often in California and those who are responsible must be punished accordingly.
Our legal team is more than prepared to represent you as a victim of sexual assault by a teacher, coach, school administrator, or any other employee at a DUESD elementary or middle school. Navigating the legal system will not be easy when you are suing a school district. However, our attorneys have decades of litigation experience with these cases, and you can count on us to fight for every penny you deserve.
A free consultation with a school sex abuse lawyer is the first step to receiving justice if you were sexually abused at a school operated by the Delano Union Elementary School District. Alternatively, you can come to us for a free second opinion on a sex abuse claim that’s already in progress. No matter what, our goal is to educate you and ensure that you are aware of the available legal options.
All legal fees are covered by the defendant at the end of your case and paid to us along with your settlement award. That’s the only way we are paid for representing you, so if we don’t recover your payment, you won’t be responsible for any legal fees. Working through the effects of sexual abuse during childhood is a lifelong struggle, but there are legal remedies to ensure that the guilty parties are held accountable. Call us today and schedule a free case review or free second opinion if you or your child was abused at any of the following Delano Union Elementary School District facilities:
- Albany Park Elementary School
- Almond Tree Middle School
- Cecil Avenue Math and Science Academy
- Del Vista Math and Science Academy
- Fremont Elementary School
- Harvest Elementary School
- La Vina Middle School
- Morningside Elementary School
- Nueva Vista Language Academy
- Pioneer Elementary School
- Princeton Street Elementary School
- Terrace Elementary School
Other Pages on Our Website Related to This Topic
Porterville Unified School District Sexual Abuse Attorney
Camp Kenyon Scudder Sexual Abuse Attorney
Sylmar Juvenile Hall Sexual Abuse Attorney
