Statute of Limitations for a School That Didn’t Protect Against Sexual Abuse in Pennsylvania

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Author: Tina L

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Public and private schools have a legal obligation to protect students and ensure their safety. This includes preventing sexual abuse and reporting any suspicions of abuse. If the school fails in its duty of care, you may sue them in civil court for damages.

The statute of limitations for sexual abuse civil claims is a bit complex. People abused in school are often minors, and they typically have 37 years from the date they turn 18 to file a civil lawsuit. However, some students, like high school seniors, are 18 years old and legal adults. In those cases, victims who are at least 18 but younger than 24 have until they turn 30 to file a lawsuit. Many victims are afraid to come forward, but reporting abuse quickly is key to getting justice and fair compensation. Talk to a lawyer about your claims right away.

Ask our Pennsylvania sexual abuse lawyers for a confidential, free legal evaluation by calling The Law Office of Andrew Shubin at (814) 826-3586.

How Does the Statute of Limitations Apply to Sexual Abuse in Schools in Pennsylvania?

The statute of limitations sets a specific time frame within which civil claims must be filed in court. Different types of claims have different limitation periods, and the limitation period for sexual abuse claims is tricky, to say the least.

Childhood Sexual Abuse

In Pennsylvania, children and minors usually enjoy much longer limitation periods because they cannot bring legal action on their own. On top of that, many victims of childhood sexual abuse, including abuse at school, are so afraid or ashamed to come forward that they are unable to do so for many years, sometimes decades. As a result, lawmakers have created a much longer limitation period for minors who are sexually abused.

If a student younger than 18 is sexually abused at school, they have 37 years from when they turn 18 to file a civil lawsuit against the school and the abuser. Put another way, our Pennsylvania sexual abuse lawyers must file a lawsuit before the plaintiff turns 55.

Adult Victims

Not all students are minors. Many seniors in high school are 18, and they may be sexually abused at school, while technically a legal adult. In those cases, a different limitation period applies.

If the student who is sexually abused is at least 18 but younger than 24, they have until they turn 30 to file a civil lawsuit.

Suing a Public Entity

If your child’s school is a public school, your case may be more complicated than you realize. Public schools are governmental entities that may be shielded by sovereign immunity. However, under the Pennsylvania Tort Claims Act, governmental entities, like public schools, are not immune from liability for sexual abuse.

However, when suing a governmental entity, plaintiffs may be required to submit a formal notice of their claim to the school before they file their lawsuit. Generally, a plaintiff must submit a notice of their claim to the school within 6 months of being injured. However, a special exception is made for cases involving sexual abuse, and you do not need to worry about filing a notice of your claim in such a short time.

How Can I Prove That a School Failed to Prevent Sexual Abuse?

When suing a school for sexual abuse, you need a sound legal argument as to why the school should be held responsible. Schools have a legal duty to protect students from sexual abuse, and this duty might have been violated in a number of different ways.

Failure to Report

In Pennsylvania and many other states, teachers are mandated reporters. If they suspect that a student is being sexually abused, they are legally obligated to tell their supervisors and inform the police.

If a student is sexually abused and a teacher, administrator, or other mandatory reporter at the school knew or suspected yet failed to report it, the school may be held responsible. A failure to report sexual abuse is a direct violation of the school’s duty of care.

Negligent Hiring

The school may also be held responsible if it knew, or had reason to believe, that a person was dangerous and hired them anyway. Schools must conduct thorough background checks when hiring candidates for teaching positions. Even administrators and other staff members who might not work directly with students must be properly screened.

If a school failed to conduct the necessary background checks, or if it did conduct these checks and knowingly hired someone who posed a risk to students, the school may be held liable for negligent hiring.

Title IX Violations

Schools face legal requirements regarding preventing and reporting sexual abuse at the federal and state levels. Federal laws, specifically Title IX, require schools to identify, prevent, and report sex discrimination. Under Title IX, sex discrimination has been held to include sexual violence and abuse.

FAQs About the Statute of Limitations for Sexual Abuse Claims Against Schools in Pennsylvania

Can I Sue a School for Failing to Protect My Child from Sexual Abuse?

Yes. Schools have a legal duty to protect children and prevent and report things like sexual abuse. If your child was abused, it is possible that the school failed in its legal duty of care.

When Can I Sue a School for Sexual Abuse in Pennsylvania?

When you must file your lawsuit will depend on how old you were when the abuse occurred. For students who were minors when the sexual abuse happened, they have until age 55 to file a civil lawsuit. If the student were 18 (e.g., a high school senior) when they were sexually abused, they have until age 30 to sue.

How Do I Find Proof of Sexual Abuse Claims Against a School?

Proof of sexual abuse may come from the victim. In many cases, abusers have taken steps to hide or eliminate evidence. As such, the victim’s testimony may be crucial to proving their claims in court. We may also check school records to see if other reports of sexual abuse involving the same abusers were ever filed. If other students were also abused or knew about the abuse, their testimony may also be crucial.

Why Can a School Be Held Liable for Sexual Abuse?

Schools may be held responsible for sexual abuse because schools have a legal obligation to protect students from sexual abuse. First, the state makes teachers and other school employees mandated reports of sexual abuse. Second, federal law under Title IX makes schools legally responsible for preventing and reporting sex discrimination and sexual violence.

What Kind of Damages Can I Claim in a Sexual Abuse Case Against a School?

You may claim damages related to economic and non-economic injuries and losses. Economic damages may include the cost of medical treatment and evaluation after the abuse. Non-economic damages may be quite significant, encompassing emotional and psychological distress and suffering.