Sexual Assault in Schools

Experiencing sexual assault is a traumatic and life altering event. Oftentimes, sexual assault occurs in places that are supposed to be safe. Likewise, many victims state that they knew their abuser before the assault. When a sexual assault occurs in a school and to a child, there may be a much larger problem at hand.

 

In 2022, the Children’s Bureau from the Department of Health and Human Services reported that at least 9.2% of children were sexually assaulted. However, there are very few definitive statistics that reveal the true number of child sexual assaults due to the lack in reporting of these experiences. In most cases, children are too young or traumatized to understand that they are being sexually assaulted.

Signs of Child Sexual Abuse
Children can experience sexual assault from coaches, teachers, peers, and other administrative figures at school. Because these children often trust these figures, many of them do not feel safe exposing the perpetrator. In addition, children may not be aware that an assault occurred, or they were threatened to maintain silence. However, there are many warning signs that can alert guardians of possible abuse, including:
Legal Rights
If your child has experienced sexual assault, there are legal rights available. As of January 1, 2020, expanded the statute of limitations for survivors of sexual abuse in California through AB 218. Meaning that under AB 218, more victims are now eligible to file school sexual abuse lawsuits. AB 218 states that any survivor of child sexual abuse can file a claim within the limited three-year “lookback window” period.
Filing a Claim

An official criminal report or case is not required to file a claim and pursue damages in civil court. However, a criminal guilty verdict will enhance the chances of actually recovering in a civil lawsuit.

 

You can file a claim in civil court while you are waiting for a criminal verdict. The burden of proof is lower in civil court and victims are more likely to recover in civil cases, opposed to criminal cases.

We understand that the legalities surrounding your case can seem confusing, especially when dealing with the aftermath of a sexual assault. Please reach out to one of our experienced sexual abuse attorneys to discuss the details of your claim. We are here to help.
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