After school programs are something many kids look forward to in the state of California. School districts offer many types of after school programs, including sports, summer school, and extra-curricular clubs. We trust that our children will be safe at these programs as they are typically run by the school, or associated with the school. Sadly, there are cases of program administrators and organizers that prey on students.
When sexual assault and other types of abuse occur at an after school program, it’s challenging to know who is responsible for the incident, and what the victim can do to achieve justice. That’s when you need the lawyers of Normandie on your side. There are legal actions you can take against the abuser, the school, and any other responsible parties, including the right to sue for your physical and mental injuries. However, the process of suing over a school-related event is complicated, as there are specific rules for lawsuits involving educational institutions. Ensuring fair and adequate compensation for the harm done to you or your child requires the expertise of a California school sex abuse lawyer.
If you need effective representation in a case of sexual abuse at an after school program, contact the lawyers of Normandie immediately. The scars of sexual abuse last a lifetime, and monetary compensation is needed to cover the cost of recovery. To learn about the injury claims process as a school sex abuse victim, schedule a free consultation with one of our attorneys.
After School Programs Prone to Sexual Abuse
It’s an unfortunate reality that programs meant for the enrichment of a child’s education can end up causing life-long damage. There are many different clubs and programs where sexual abuse can happen, including the following:
- Sports
- After school care for working parents
- Theater / performing arts program
- Band and other music programs
- School mentorship program
- School counseling programs
- Academic / honors programs
- School clubs
- Boys Scouts of America
- Girl Scouts of the USA
- Big Brothers Big Sisters of America
- Summer school
- Summer day camp
If you or your child was molested or sexually assaulted at a sports program, summer program, or any other type of after school event, consult the school sexual abuse lawyers of Normandie right away. Compensation may be available, but there is a time limit for the filing of a school sexual abuse lawsuit.
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Types of Sexual Abuse at After School Programs
Sexual abuse of a student can take many forms, such as grooming, molestation, sexting, sexual harassment, and rape. The most important factor that defines sexual abuse is the victim’s inability to give consent. Minors and disabled adults, for examples, are not able to give consent according to California law. However, the definition is more inclusive when it comes to school students, who may be 18 or over at the high school level. While these students are technically adults, schools have a duty to protect them from sexual relations with their teachers and staff members. Schools must also ensure their safety at an after school event or program. If a student is sexually abused by an after school employee or administrator, the school district may be liable.
Child-on-Child Sexual Abuse at an After School Program
Sexual harassment, unwanted touching, and other types of sexual abuse can occur between students at an after school program. Many incidents take place online, and schools will use that to say that they are not responsible for what students do on the internet. However, a school may be liable if they knew about an incident of abuse, but failed to resolve the issue. For example, let’s say that school authorities received a complaint of a student molesting another student at an after school or summer program. If the school refuses to take disciplinary action against the abuser and the incidents continue, they may be sued for the victim’s injuries and emotional distress.
Can I Sue if I was Sexually Assaulted at a Program Run by the School?
Yes, you can sue if you or your child was sexually abused at a program run by the school. In order to sue the school, you must show that the school was negligent by proving these four elements:
- Duty
The school had a duty of care to protect the victim from harm, including sexual abuse in an after school program.
- Breach
The school breached their duty of care to the student by failing to protect them from their abuser. Improper screenings of after school employees, ignoring complaints of sexual abuse, and failing to notify the authorities are examples of breaching a duty of care to students.
- Causation
The school’s breach of duty is directly responsible for the student’s sexual abuse.
- Damages
Due to the school’s breach of duty, the student has suffered damages that require monetary compensation. Even without physical injuries, sexual abuse victims typically suffer from PTSD, depression, and other mental health disorders. These are compensable injuries that permit the filing of an after school sexual abuse lawsuit.
Proving all four elements to the court’s satisfaction can be challenging based on the circumstances of your case. Our lawyers will conduct a full investigation of the abuse and put together a solid argument to illustrate the harm that you’ve suffered.
Special Considerations for Lawsuits against Schools
Schools are public institutions, and therefore, have immunity from certain types of litigation. That doesn’t mean a school can’t be sued, but there are specific procedures you must go through before you can file a lawsuit. The most important step is to file a complaint with the school and give them time to investigate your claim. Your complaint should include a demand letter, which will detail the harm that you or your child has suffered and the monetary damages you are seeking. It’s essential to have a lawyer during this process to ensure that your demand letter meets the requirements set forth by California laws.
If your claim is accepted by the school district, they will most likely offer you a settlement. However, we know from experience that most claims are rejected, which will allow you to pursue a lawsuit. Please keep in mind that there are strict timelines for school district complaints. Thus, it’s important to take action right away by speaking with an experienced school sexual assault attorney.
Can I Sue for Sexual Abuse at a Private School Event?
Yes, you can sue for after school sexual abuse at a private school, charter school, military school, or religious school. Private schools are not subject to the full range of government regulations as public schools, but they are still charged with a duty of care to their students. That duty includes the protection of students from sexual abuse. Litigation involving private schools is different than sexual abuse cases in public schools, so make sure to speak with a lawyer regarding your rights and legal options.
California’s AB 218 for After School Sexual Abuse Victims
After school personnel and school employees are “mandated reporters,” meaning they must contact the authorities if they are aware of, or suspect, that a student is being abused. Not doing so can subject the mandated reporter to criminal and civil penalties. Additionally, school districts are forbidden from any attempts to hide incidents of sexual abuse or to falsify reports of sexual abuse.
If it can be proven that school took deliberate actions to conceal allegations of sexual abuse, the victim may be able to recover three times the amount of compensation. So if an abused student was originally entitled to $100,000 in damages, they would be awarded $300,000 according to California’s Assembly Bill-218 (AB 218). To see if the treble damages rule applies to your case, contact our office and speak to a child sexual abuse attorney.
Can I Sue the School as an Adult?
Yes, if you have reached the age of majority (18 in California), you can file a lawsuit on your own as a sexual abuse victim. However, if the abuse took place before you were 18, a parent or legal guardian would need to file the lawsuit on your behalf. As for reporting a complaint of sexual abuse to school authorities, that can be done by the student regardless of their age. For example, a minor at an after school care program can go to the program administrator or a teacher at the school and tell them that they are being abused. However, an official complaint with the school district, as well as a lawsuit for damages, must be filed by the parent or legal guardian.
Free Second Opinions
Aggressive action combined with extensive experience is the key to winning a case against a California school district. Some lawyers are not prepared for the work that’s involved, and perhaps you’ve ended up with one of these attorneys. You may also be unhappy with the lack of progress in your case, or feel that your case is worth more than what your lawyer is telling you.
If you are having problems with your current attorney, please schedule a free second opinion with the lawyers of Normandie. As a litigant in the state of California, you can change to another attorney even with a pending lawsuit. But you should not make that decision without a second opinion from another lawyer. During your consultation, we will be happy to answer all your questions and help you weigh the pros and cons of leaving your current lawyer. If you decide to let us handle your case, we can take care of transferring your case to our law firm.
For a free case evaluation with one of our attorneys, give us a call and schedule a free second opinion.
The School Sex Abuse Lawyers of Normandie
Improper relations between children and adults are unacceptable under any circumstances. Whether a student is in class or at an after school event, the adults in charge are responsible for their safety and well-being. When these adults breach their duty or try to cover up abuse incidents, they must be punished to the fullest extent of the law. As civil attorneys, we know that money cannot erase such a traumatic event from you or your child’s mind. The recovery process can take many years, and there will be scars that no amount of time can erase. But compensation can pay for medical and therapy treatments, and give the victim a sense of control over what has happened to them.
These are the reasons we fight for victims of school sexual abuse. Without an experienced lawyer, victims are often unsuccessful when they go up against a school district. Yet many of them choose to go without legal representation because they’re afraid of the costs. You won’t have to worry about that when you choose Normandie Law Firm. Under our Zero fee guarantee, you will never pay upfront for our services, no matter how much work is involved with your lawsuit. Our legal fees are paid by the school district once we win your case. That goes for second opinion clients as well, if you are coming to us from another law firm. So there is nothing for you to lose by coming in to see us for a free consultation.
If you or your child was victimized at an after school program, you don’t have to suffer in silence. Please give us a call and speak to an after school program sexual abuse lawyer.
Other Pages on Our Website Related to This Topic
After-School All-Stars – Sexual Assault, Rape, Molestation Abuse Lawyer
WINGS for Kids – Sexual Assault, Rape, Molestation Abuse Lawyer
