Imperial County School Sexual Abuse Attorney

Parents send their children to school expecting they will be safe and cared for by teachers and other staff members. In reality, sexual abuse in schools is an all too common occurrence. For example, over 50 percent of middle and high school students say they have been sexually harassed in school. When a school fails in its duty to protect students from sexual abuse, they may be liable in a lawsuit for compensation.

If your child was a victim of sexual assault or sexual harassment while they were at school, talk to the attorneys of Normandie Law Firm right away. Our lawyers have many years of experience with sex abuse cases in public and private schools for grades K through 12, as well as colleges and universities. Schedule a consultation to see what legal options are available to you.

School Sexual Abuse

Sexual abuse in schools takes place in many forms. Sadly, some of these incidents are brushed off as jokes and pranks by school administrators. However, students should not have to endure unwanted touching, sexual advances and other forms of sex abuse while they are in school. Sexual abuse in school includes, but is not limited to:

• Sexual assault (Rape, unwanted groping, kissing, etc.)
• Penetration of the victim’s body with an object
• Making sexual comments or jokes
• Pulling on bra straps and underwear
• Making unwanted sexual gestures
• Exposing oneself for the purpose of sexual gratification
• Spreading sexual rumors about someone (in person or online)
• Being manipulated/ blackmailed into sexual activity.

If you suspect your child has been a victim of school sexual abuse, please contact one of our Imperial County sexual assault attorneys. You are entitled to take action against the school district and any other responsible parties, but you should not do so without qualified legal representation. An experienced attorney can help you decide on the right course of action for you and your child.

Our Recent Verdicts and Settlements

School District Liability

School officials have a legal duty to protect students from sexual harassment and sexual assault. This duty includes notifying parents and guardians immediately when a child reports an incident of sex abuse. Additionally, school staff members are mandated to report such incidents to “any police department or sheriff’s department” under California’s mandated reporting laws. These staff members include:

• Teachers
• Instructional aides
• School administrators
• Teacher’s aides and teacher’s assistants.
• School counselors and social workers.
• Day camp administrators and staff members.
• Employees and administrators of youth centers and youth recreation activities.
• Administrators and employees of private organizations that require direct contact with children.
• Department of Education employees whose duties include direct contact with kids.
• Administrators, owners, and employees of day care facilities.
• Head Start program teachers and administrators.
• Any classified public school employee such as bus drivers, janitors, coaches, and secretaries.

Along with reporting sex abuse incidents, school officials must take steps to keep the victim safe, including immediate action against the perpetrator. Having said that, a school district can only be liable for sexual assault or sexual harassment if they are made aware of it. Let’s say, for example, that a teacher is arrested for sexually assaulting one of his students. After the arrest, it’s revealed that this teacher had a long history sexually harassing his students. However, none of these students, including the student that was sexually assaulted, reported the incidents to school authorities. As a result, the school cannot be sued by the parents since they were not made aware of the sex abuse.

That’s why it’s imperative you speak with officials the minute you suspect your child is being sexually abused. Parents sometimes second guess themselves, especially when the incidents involve other students. But not reporting these issues can make it harder for you to obtain justice later on, in both the criminal and civil courts. If you report the incident and school officials do nothing, or they don’t do enough to keep your child safe, then you can hold them accountable in a sex abuse lawsuit.

For more information on school liability in a sexual assault or sexual harassment case, please contact one of our knowledgeable attorneys.

Legal Options for Sexual Abuse Victims

Sex abuse is one of the most serious violations that a student can experience. Victims of school sexual assault and harassment struggle with emotional trauma and mental health issues that can last a lifetime. With this in mind, California gives victims a variety of legal options against their abuser. Clients who come to us typically ask about the difference between criminal prosecution and civil litigation, and which option is better for them.

That depends on the details of your case and what you’re trying to accomplish. If you file criminal charges and the abuser is found guilty, it would result in direct consequences like jail time and the inability to work in a school system. But a criminal case requires a very high burden of proof, so they’re much harder to win. If the abuser goes free, it can be that much harder for the victim to achieve a sense of security and resolution. On the other hand, the burden of proof is lower for civil cases, so victims have a better chance of walking away with a settlement.

Of course, money doesn’t make up for the trauma of being sexually abused. However, it can help pay for therapy and other forms of treatment that the victim will need to move forward in their lives. Many of our clients who have received settlements also told us that it was a way to take back control from their abuser. Even though the abuser was not criminally prosecuted, they were still held responsible for their actions. This can be empowering for the victim and serve as a big step in their journey to recovery.

There is one final option that students and parents can take in cases of sexual assault and sexual harassment. If the school is failing to address the problem, the victim or the parents can file a complaint with the U.S. Department of Education’s Office for Civil Rights. This is the office responsible for handling claims related to Title IX, which bans discrimination based on sexual assault and sexual harassment. You have 180 days from the last incident to file a claim, which should include:

• A detailed description of the incidents in chronological order.
• An explanation of how the sexual abuse incidents affected the student’s education and quality of life.
• What the school should do in order to prevent such incidents in the future.
• Information from witnesses.

If the OCR finds that the school is in violation of Title IX, they will negotiate a resolution that’s satisfactory to both parties, such as making changes to their sexual abuse policies. The OCR can also make the school pay for certain expenses incurred by the victim, but this is not the same as compensation for damages. For that, victims would need to file a lawsuit against the school and anyone else responsible for the abuse. However, you cannot take both of these legal actions at the same time. If you file a lawsuit while your OCR complaint is pending, the OCR will immediately close their investigation.

Our attorneys can advise you of your legal rights and help you make an informed decision. Call us today to schedule a consultation.

Compensation in a School Sex Abuse Lawsuit

The compensation you can ask for in a school sex abuse lawsuit depends on the type of abuse, the resulting injuries, and the victim’s age and personal circumstances. Below are the most common forms of compensation you can recover:

• Emotional distress: for any emotional trauma resulting from injuries associated with the sexual assault or sexual harassment.
• Pain and suffering: for long-term trauma and mental health issues, such as depression, anxiety, and PTSD.
• Loss of consortium: for severe injuries that compromise the victim’s ability to have a normal, loving relationship with their loved ones.

Victims may also qualify for monetary damages to treat physical injuries or make up for future financial losses. For example:

• Medical expenses: hospitalization and medical treatments needed to treat physical injuries.
• Loss of wages: money that the victim loses from job loss, taking time off, etc., in order to recover from their injuries.
• Loss of Potential Wages: if an injury is so severe the victim cannot work or perform their job at the same level as before the attack.

Even though monetary damages are easier to understand than emotional damages, they can be difficult to calculate. Factors such as the victim’s projected wages in the future and their ability to find alternative employment can affect the amount they will need. A lawyer who has experience with school sexual assault lawsuits can calculate these amounts and ensure that victims receive adequate compensation. They will also fight for any and all available compensation, including punitive damages. This is an extra award added to a standard settlement as a form of punishment to the responsible entities. For that reason, it’s difficult to make a case for punitive damages and many victims who qualify choose not to fight for it.

The lawyers of Normandie Law Firm have the experience to argue for and recover these damages, along with any other compensation you’re entitled to. Contact us and start a claim for sexual abuse or sexual harassment against an Imperial County school.

Average Case Value

The amount that you can receive from a school sex abuse lawsuit depends on many factors, including the type of school and how they are funded. To that extent, private schools are easier to sue because they do not have the same level of protection against lawsuits as public schools. However, any school – public or private – can be sued if they deliberately fail in their duty to protect their students.

Another factor in determining case value is the type and degree of injury. Sexual assaults with serious physical injuries typically receive the most compensation. These awards factor in not just the physical damage, but the years of mental anguish and therapy needed to recover from the attack. However, attempted rape and long-term sexual harassment can be incredibly traumatizing, since it takes away a victim’s sense of control. This can be especially harmful to children, who may struggle to trust people or function normally in school and work settings without extensive counseling.

With all these factors in mind, there is no way to give you a case value amount without speaking with you about your individual situation. However, here is a list of previous awards to give you an idea of the settlement you could receive:

• $5.6 million for a case involving a high school teacher who manipulated a student into performing sexual acts.
• $10,8 million settlement for a child who was sexually abused by his teacher after school and off campus.
• $6.75 million in a case where a fourth grade teacher molested 6 boys in his class.
• $14 million settlement was reached for two women who were sexually abused by a middle school teacher.
• $5 million in the case of a high school girl who was sexually abused by her teacher.

Imperial County School Sex Abuse Attorneys

The settlements above demonstrate a range of values depending on the type of abuse, the number of victims, and the long-term effects of the abuse. This is a challenging task, and it should not be done without help from a qualified sex abuse attorney. Victims can also be pressured into low settlements by school districts and find themselves struggling mentally and financially afterwards. Our attorneys will not settle for anything less than what you deserve, and will take your case to court if need be.

If you’re worried about the cost of our services, don’t be. All victims should have the right to high quality legal representation, which is why we offer a Zero fee guarantee. We guarantee you will pay nothing upfront for any of our work, starting with your initial consultation. If we win your case, our fees will be paid by the responsible parties, not you. There’s also absolutely no cost to you if we lose your case, because we only get paid if you do.

We hope we’ve given you some peace of mind, along with valuable information during this incredibly challenging time. Healing from sexual abuse is a long and arduous process for the victims and their loved one. While we can’t fix everything, we can provide you with sound legal advice and representation.

Contact us today and speak to an Imperial County school sex abuse lawyer.

List of Imperial County Schools

High Schools

• Southwest High School
• Lake Tahoe Preparatory School
• Calipatria High School
• Holtville High School
• Brawley Union High School
• San Pasqual Valley High School
• Calexico Mission School
• Calexico High School
• Desert Valley High School
• West Shores High School
• Desert Oasis High School
• Aurora High School
• Imperial County Special Education
• Valley Academy
• Brawley Christian Academy
• Calvary Chapel Christian School of El Centro
• Imperial Avenue Holbrook High School
• Phoenix Rising High School
• Valley Christian School
• Bill M. Manes High School
• Renaissance
• Sam Webb Continuation
• Westmorland Basic Christian School

Middle Schools

• Frank M. Wright Middle School
• Holtville Junior High School
• Bill E. Young Jr. Middle School
• Wilson Jr. High
• Barbara Worth Junior High School
• Kennedy Middle School
• Enrique Camarena Junior High School
• San Pasqual Middle School
• William Moreno Junior High School

Elementary Schools

• McCabe Elementary School
• Mulberry Elementary School
• Magnolia Elementary School
• Pine Elementary School
• Emmett S. Finley Elementary School
• T.L. Waggoner Elementary School
• Grace Smith Elementary School
• Ben Hulse Elementary School
• Dogwood Elementary
• Sunflower Elementary School
• Calexico Mission School
• Imperial Valley Home School Academy
• De Anza Magnet School
• Myron D. Witter Elementary School
• Harding Elementary School
• Martin Luther King Jr. Elementary School
• J.W. Oakley Elementary School
• Margaret Hedrick Elementary School
• Fremont Primary School
• Desert Garden Elementary School
• Miguel Hidalgo Elementary School
• McKinley Elementary School
• Phil D. Swing Elementary School
• Lincoln Elementary School
• Cesar Chavez Elementary School
• Blanche Charles Elementary School
• Meadows Elementary School
• Ballington Academy for the Arts & Sciences
• Washington Elementary
• Valley Del Sol Elementary School
• Seeley Elementary School
• San Pasqual Valley Elementary School
• Westmorland Elementary School
• Jefferson Elementary School
• Rockwood Elementary School
• Kennedy Gardens Elementary School
• Dool Elementary School
• Sea View Elementary School
• Mains Elementary School
• Our Lady of Guadalupe Academy
• Imperial Cross Elementary School
• Imperial County Special Education
• St. Mary’s School
• Valley Academy
• Brawley Christian Academy
• Sacred Heart Elementary School
• Calvary Chapel Christian School of El Centro
• Faith Academy
• Valley Christian School
• Westmoreland Basic Christian School

Pre-K Schools

• Our Lady of Guadalupe Academy
• Sacred Heart Elementary School

Other Pages on Our Website Related to This Topic

Statute of Limitations to File a Sexual Harassment Lawsuit Against a School
Los Angeles Unified School District Sexual Assault Lawyer