There may be nothing more horrifying than your child being the victim of a sexual predator or finding out that your child has been the victim of sexual abuse or child molestation. While physical injuries may eventually heal, the emotional scars can remain for a lifetime. Victims of these attacks have the right to seek compensation for the harm they have suffered. If your child has been the victim of child sexual assault anywhere in Alabama please contact our team of California child sexual abuse attorneys for a free consultation.

Our Los Angeles, California child sexual abuse attorneys will get you the help and benefits you need whether your child was sexually assaulted by someone because of a property owner’s failure to provide adequate security or your child was sexually abused by a person in a position of authority such as a teacher, coach, pastor or priest. Proudly serving all of CA: Los Angeles, San Diego, San Bernardino, Fresno, Santa Ana, Irvine, Sacramento, San Jose, Bakersfield, Anaheim and all California school districts.

Our Sacramento, California child sexual abuse attorneys will utilize every legal resource at their disposal in an effort to secure the justice you deserve.
Many of our Oakland, California child sexual assault attorneys were assigned to the child molestation sexual assault division for more than a year, and handled many such cases after leaving that unit. Throughout their legal careers they have handled thousands of cases as a Santa Ana, California child sexual assault lawyer. They take a great amount of pride and satisfaction in helping to put these predators behind bars for as long as possible.

Seeking justice in California sexual assault and California sexual molestation cases can be extremely difficult. I am committed to helping you through this process in the most pain-free manner possible. I will do everything I can to minimize the upset that is often caused by having to relive these terrible events. My primary goal is justice, however, and I will not stop fighting until I get it.

When you hire me as your Providence Sexual Assault Lawyer, you can rely on me to be there with you at every step. I will guide you through the entire process, constantly working to see that your interests and the interests of your children are fully protected. I will work to secure a fair settlement and protect you from the pain of a long court proceeding. However, our team of Los Angeles, California child sexual abuse attorneys will not hesitate to take the matter to court in an effort to secure the justice you deserve.

Our San Diego, California child sexual abuse attorneys represent children abused in all types of sexual assault and molestation cases, including the following:

  • Sexual assaults in office or apartment buildings
  • Sexual assaults at nursing homes
  • Failure to monitor parking ramps and surface lots
  • Molestation by athletic coaches, band coaches or teachers
  • Sexual abuse at a day care center
  • Molestation by a camp counselor or scouting troop leader
  • Sexual abuse or molestation by a member of the clergy
  • Sexual abuse or assault by a doctor, psychotherapist or other medical professional

Representing Sexual Assault And Molestation Victims

To arrange your free initial consultation with a dedicated Sacramento, CA child sexual assault lawyer who cares about your child’s future and well being. Contact our San Francisco, California child sexual abuse attorneys by phone or email to schedule an appointment. They are available for home and hospital visits 24 hours per day every day.

School District Liability in CA Child Sex Abuse Cases

Every parent wants to feel reassured that his/her child is safe at school. Unfortunately, students with special needs and of young age are sexually assaulted by teachers or school staff. Fortunately, remedies are available to students who have been sexually assaulted by a teacher. If your child has been sexually abused or harassed at school, contact us to learn more about the possible damages he/she may obtain. School districts can be held liable for damages when a student sexually assaults another student, or a teach/faculty member sexually assaults or abuses a student. Read on to learn more about the legal guidelines regarding sexual assault and the penalties school districts may face.

Federal Laws Regarding School District Liability in Child Sex Abuse Cases

Federal and state laws require school districts and personnel to carefully supervise students who are on school premises. School districts that fail to provide such supervision may face potential liability. In addition, some states require school districts to provide an even higher standard of care in the supervision of students with disabilities who are vulnerable to abuse and harassment. It is highly foreseeable that a lack of supervision could lead to harm.

Title IX of the Education Amendments of 1972 provides that no person in the U.S. shall, on the basis of sex, be excluded from participation in, or be denied the benefits of, or by subjected to discrimination under any educational program or activity receiving federal financial assistance. 20 U.S.C. § 1681(a). The U.S. Supreme Court has held that Title IX allows students to obtain money damages against a school district if the district has knowledge of, but is deliberately indifferent to, a teacher’s misconduct. See Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998).

In Gebser, the high school student had a secret sexual affair with a teacher. Id. The school had no formal procedure in place for reporting sexual harassment or formal anti-harassment as required by federal law. The student and teacher were subsequently discovered having sexual intercourse. The teacher was immediately fired following the incident. The student later filed a lawsuit against the school district claiming she was harassed in violation of Title IX of the Education Amendments of 1972. The student sought damages against the school district stating that no person should be subjected to discrimination under and federally funded education program or activity. The District Court ruled in favor of the school district. The Supreme Court granted the plaintiff certiorari.

The issue at trial was whether a federally funded school district pursuant to Title IX of the Education Amendments of 1972 be subject to paying sexual harassment damages to a student who was involved in a secret relationship with a faculty member. The Court ruled in favor of the school district citing that because the district never knew about the student’s sexual relations with the teacher, the district was not liable for sexual harassment damages.

Therefore, in determining liability for a school district, the court will examine whether a school district official, with the ability to take corrective action, knew of the harassing conduct, and despite having such knowledge, deliberately failed to respond in a proper manner.

Students can also bring claims for sexual abuse and harassment against a school district under 42 U.S.C. § 1983 in violation of the student’s Fourteenth Amendment rights. The Ninth Circuit Court of Appeals has held that students have a substantive due process right to bodily integrity including the right to be free from sexual abuse by school personnel.

School districts can also be liable for peer-to-peer sexual abuse matters. School districts who fail to intervene to protect a student from peer-to-peer sexual harassment or abuse can face serious damages. To be held liable, the moving party would have to prove that the school had actual knowledge of the harassment or abuse, and that the harassment or abuse was so severe and offensive that it deprived the student to access to educational opportunities provided by the school. Sufficient evidence must be presented to demonstrate the school district acted in a negligent manner.

Students with disabilities can also file a lawsuit against a school district under the Americans with Disabilities Act (ADA). This act prohibits discrimination on the basis of disability. Any school district that subjects a disabled student to a hostile educational environment may be liable for damages under Section 504 of the Rehabilitation Act. 29 U.S.C. § 794 et. seq.

The school district may also be found liable for teachers and staff failing to report incidents of sexual abuse. Teachers are designated as mandatory reporters. As such, any suspicions of child abuse or neglect must be reported to law enforcement or county welfare department. School districts which fail to report instances of child abuse or neglect may face serious consequences. Certain school districts throughout the U.S. have been ordered to pay millions of dollars to students who have prevailed on sexual abuse claims. Contact us today to find out the potential damages your child may receive for his/her child sex abuse case.

Parents should act promptly if they believe their child is the victim of sexual assault or abuse. Damages your child may be able to obtain include pain and suffering, medical expenses, and emotional duress. The court may even award punitive damages to deter the school district from committing future acts giving rise to sexual assault or harassment. School districts should have and maintain strict policies and procedures regarding reporting sexual assault and abuse.

If your child or loved one has been a victim of sexual harassment or assault, contact our law practice for a consultation. Depending on the nature of the case, we may be able to obtain a judgment in your child’s favor. Unfortunately, not all school districts enact policies and procedures to make sure students are safe while attending. Fortunately, laws have been passed to protect our most vulnerable population. Contact us today for a consultation about school district liability in child sex abuse cases.

California School Districts

The Fresno, California child sexual abuse lawyers and Los Angeles, CA child molestation attorneys on our help sexually abused children and their families in all California school districts. This is due to the fact that teachers account for a large percentage of sexual predators. School districts we will file child sexual abuse lawsuits on your child’s behalf are:

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