Downtown LA Law Group is dedicated to protecting the rights of child victims of sexual abuse by educators, school staff, and other students  in public and private schools across the State of California.  If you suspect your son or daughter has been sexually molested in school contact our school sex  abuse victims rights attorney from the Downtown LA Law Group.  (855) 339-8879

Below are some information regarding Victims rights, school liability, civil actions criminal prosecution regarding public and private school sexual abuse.

Civil lawsuits and compensation against schools for victims of sexual abuse in California:

School Districts in California maybe held liable when administrators and school staff fail to notify parents or disclose physical or sexual assault of a child to parents or guardians.  Usually School administrators have a duty to inform parents after learning of a molestation, sexual assault or physical abuse of a child. Furthermore, school districts may be held liable for emotional distress of the mother if such injuries resulted from a failure to disclose pertinent information regarding the incident. The Standard of Care imposed on Los Angeles Unified School District employees including teachers, coaches, and general staff the degree of care a reasonable person with the level of duties and responsibilities would exercise. Usually, the extent of the duties owned by teachers and other staff to their students is based upon the age of the student.  In special circumstances such as special students with special needs, cognitive difficulties or physical disabilities should be provided with a heightened level of care by school staff.  If a failure of duty of care results in sexual abuse, rape and molestation of a student then the School District may be held liable.

Failure to Report Acts if Sexual Abuse: Criminal Prosecution of Sex Abuse Unfortunate for abused victims the vast majority o sex abuse acts in private and public schools go unreported. Even when alleged sexual abuse is reported to proper authorities, the majority of complaints are ignored or disbelieved. Failure to report acts of misconduct can lead to criminal charges and prosecution.

California Mandated Sex abuse Reporting Law: Under California Law “Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section may be made, to any police department or sheriff’s department.”  Mandated reporters included:

• A teacher
• An instructional aide.
• A teacher’s aide or teacher’s assistant employed by any public or private school.
• A classified employee of any public school.
• An administrative officer
• A supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public
• or private school.
• An administrator of a public or private day camp.
• An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
• An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
• Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis.
• A licensee, an administrator, or an employee of a licensed community care or child day care facility.
• A Head Start program teacher.

What must be reported under California Penal Code Reporting Laws: Under California’s sex abuse reporting laws physical abuse that must be reported is defines as, “a physical injury inflicted by other than accidental means on a child by another person.”  Including:

• emotional abuse
• sexual abuse
• neglect or abuse in out-of-home care
• Sexual assault
•  sex acts with children,
• intentional masturbation in the presence of children
• molestation
• sexual exploitation
• selling or distributing pornographic material
• child prostitution

Sexual Abuse by PE Teacher and Coach

Unfortunately, many instances of sexual abuse at schools occur at the hands of PE teachers and coaches, as well as coaching assistants of school teams for different sports. In many cases, P.E. teachers, sports coaches, and similar staff are often hired without subjecting them to thorough background checks. Even with clear background checks, PE teachers and sports coaches are rarely under strict supervision (for example, gyms, fields, storage areas, etc. are not typically covered by surveillance cameras). Coaches and coach assistants, specifically, often have direct access to students – often during school, after school, on weekends, and even during school breaks both on-campus and off-campus. When students are abused at the hands of their PE teachers and coaches, the school district could be liable and could be sued.

Sexual Abuse at After School Programs and School Youth Organizations Associated with Schools

Whether the sexual abuse that a student suffers occurs during a school-operated after school program or a youth organization associated with the school, the district can still be held liable for the harm that victims suffer. If the abuse involves an employee of a youth organization that works with schools, the youth organization could also be held liable. It is also possible that both entities will share liability. For more information about establishing liability in different sexual abuse incidents, contact us today.

Sexual Abuse at Charter Schools

Sexual abuse is just as common in charter schools as in public schools. Since most charter schools are privately owned and operated, liability will fall onto the entity that runs the school. This entity has the duty to keep students safe from all harm – including harm represented by school staff. If you or your child suffered sexual abuse at a charter school, you could have the right to sue and recover compensation. For more information about your right to file your lawsuit, contact us today.

Sexual Abuse at the Hands of Other Students

Unfortunately, acts of sexual abuse committed by other students are common. Many students fall victim to abuse at the hands of fellow students. This can include rape, attempted rape, groping, unwanted touching, etc. When this abuse occurs in schools, the school/district could be liable. This is because the school/district has the duty to keep all students safe from harm (including sexual abuse); of course, the school/district is responsible for keeping students safe from sexual abuse at the hands of other students. In these cases, the abuse often occurs due to a lack of supervision or even due to inaction of school staff (not taking reports seriously, not investigating alleged incidents, etc.). If you or your child suffered sexual abuse at the hands of another student at a school, you could have the right to sue. If you are in need of guidance, contact us as soon as possible.

You can certainly file a sexual abuse lawsuit for school sexual abuse. Victims of child sex abuse at schools have twenty-two years from the age of eighteen (that is, until the age of forty) to file their claims. In the state of California, there is also a five-year discovery rule, which gives victims five years from the date that they discovered the abuse to file a lawsuit – even if the original statute of limitations has already passed. The discovery rule is important considering that many victims of child sex abuse will block out the memories from the abuse.

Can parents of victims file lawsuits on their children’s behalf? Yes, parents can choose to file claims on behalf of their children while they are still under eighteen. To ensure that anyone looking to pursue a school sex abuse claim understands the time limit to file a claim (or statute of limitations) that applies, contact us today. Our lawyers will ensure that your claim is filed on time.

The time that it takes to receive a settlement on a coach or PE teacher sexual abuse claim varies based on the details surrounding the claim. It can take just a few months to a few years to settle these types of cases. In general, our expert school sex abuse lawyers can settle these types of cases in six to eighteen months. In most situations, our team can settle most of these cases in under two years. It is important to note that claims that go to trial always take longer to resolve.

If you have already started the legal process, you might be asking yourself the following: why is it taking so long to settle my case? Unfortunately, the incompetence of the team handling your case can often result in the process taking too long – or in your case not settling for the amount that it is worth. If you are unsatisfied with the way that things are going with your case, we recommend that you schedule a free second opinion as soon as possible.

How much do these cases settle for? This is a very common question. There are many factors that can affect the value of a claim. These factors include the following: the type of abuse suffered, the extent of the abuse, the number of times that abuse occurred, resulting harm (including physical, mental, and emotional harm), and even whether the abuse was covered up. In general, these cases are high value cases that can have values ranging from $300,000 to $3 million – and sometimes even more. If you have questions about the possible value of your claim and the specific type of compensation that you can recover, contact us today. Our lawyers are fully committed to getting our clients the maximum compensation available for their school sexual abuse claims.

If you are a parent of a victim of sexual abuse at school, you might be asking yourself what to do if you suspect a teacher or school employee has sexually abused your child. You could be asking yourself the same question if you were abused when you were a child as well. There are multiple things that you should do. If the abuse was recent, you should photograph any visible injuries. You should also seek medical care as soon as possible and gather all relevant medical records. It is also important to report the abuse to the school and to the district. Most importantly, however, victims and their parents must seek legal assistance with experts on school sexual abuse. An experienced lawyer will make the difference in your case! If you are ready to explore the legal options available to you and what you should do to ensure that your rights are protected, contact us today.

Our Law firm is available 7 days per week and is standing to hear your sexual abuse and molestation claim.  We provide legal representation to student molested and sexually abused by teachers and staff from all school districts across California. What are my Litigation Costs:  At Downtown LA Law, we think that you have suffered enough as a result of a sexual abuse claim.  It is under this belief, as well as the supreme confidence in our abilities, that we stand behind our bedrock principle: “NO RECOVERY…NO CONTINGENCY FEE.”  Therefore, you don’t pay us a penny unless we are able to win your case. Resources: Student Injuries In School – Frequently Asked Questions California Department of Education School Injury Liability Main Page

List of Largest School Districts in California

• Los Angeles Unified School District:  700,00 + students enrolled
• San Diego School District:  140,000 students enrolled
• Long Beach Unified School District: 100,000 students enrolled
• Fresno Unified School District: 80,000 students enrolled
• Santa Ana Unified School District: 60,000 students enrolled
• San Francisco Unified School District: 60,000 students enrolled
• Oakland Unified School District: 55,000 students enrolled
• Sacramento Unified School District: 54,000 students enrolled
• San Bernardino Unified School District: 52,000 students enrolled
• San Juan Unified School District: 50,000 students enrolled