Sexual Abuse or Assault in Schools

Reporting to the authorities that your child was sexually abused or assaulted will lead to a criminal investigation that may result in criminal charges. But you must also know that you can file a civil lawsuit against the abuser to hold the defendant accountable and pursue monetary damages for your child. When you file your lawsuit, and the jury or judge determines that your child was undoubtedly sexually abused, it will review the damages you are seeking and award them to you. This means that your lawsuit will be separate from the state’s criminal lawsuit because it does not establish the abuser’s innocence or guilt. Instead, it must determine whether the abuser is liable for your child’s injuries and related damages. A seasoned California sexual abuse lawyer at Bamieh & De Smeth can help you better understand your options in a free case review.

While a criminal conviction can serve as strong evidence in a civil lawsuit against the sexual abuser, you can still file your lawsuit. This applies even if the abuser was never charged with a crime or a criminal conviction. It’s also vital to note that apart from the abuser, you can also file claims against the school and other relevant parties because they failed to protect your child from sexual abuse. In such cases, schools fail to act or outright ignore evidence and warning signs that would have helped prevent the abuse from happening.

Sexual abuse survivors can seek different types of damages under California law. These include financial compensation for non-economic damages like physical injury, pain and suffering, and emotional distress, among others. You can likewise recover damages for economic losses. Most sexual abuse survivors would need intensive medical care, including psychological counseling and therapy. In addition, many sexual abuse survivors may find it hard to complete their education or keep gainful employment because of the far-reaching effects of the emotional trauma from the sexual abuse incident. Depending on your child’s circumstances, you can also seek damages for future lost earnings or job opportunities.

California Assembly Bill 218 (AB 218) provides childhood sexual abuse survivors five years from the discovery of the sexual abuse or until age 40 to sue their abusers. Before this law was passed in January 2020, the statute of limitations was three years from the discovery, or until age 26. Likewise, it suspends the time limit of three years to allow sexual abuse survivors of all ages to sue their abusers if they want to. AB 218 also gives survivors five years from the discovery of a psychological injury because emotional trauma is, unfortunately, very common among sexual abuse survivors. Additionally, it allows the court to award treble damages to sexual abuse survivors in certain situations. This means that plaintiffs can potentially recover up to three times compensatory or actual damages.