Fighting For Important Causes In State And Federal Courts
In the terrible event that you or your child was sexually abused while at school, getting help is crucial. For some survivors, part of the healing process includes naming an abuser and getting justice in a California lawsuit.
When you feel ready to talk about your experience of sexual abuse at school, that is the time to speak to an attorney. A lawyer can help you understand which parties may share fault for your sexual assault. For example, while survivors can hold an individual abuser accountable, they may also be able to sue a California school for its part in their abuse. California survivors of childhood assault have over two decades to file a lawsuit. Survivors in California stand to recover economic, non-economic, and punitive damages from abusers and schools responsible for their sexual assault experience.
Our caring lawyers are dedicated to helping survivors of sexual abuse hold their abusers accountable. For a free case evaluation with the California school sexual assault victim attorneys at The Law Office of Andrew Shubin, call today at (814) 826-3586.
When to Hire a California Attorney for Sexual Assault Victims at School
If you experienced sexual assault at school by a student, teacher, or staff member and feel comfortable, speak to an attorney. An experienced California school sexual assault victim attorney can help you tell your story and get the justice you deserve.
Speaking up about sexual assault is always difficult. For those abused in their youth at school, coming forward with their experience can seem impossible. Survivors of sexual assault at school may feel confused and frightened, especially if their abuser was a teacher or another individual in a position of power. If you feel ready to talk about your sexual assault, and are interested in holding an abuser accountable, reach out to a lawyer.
The right California school sexual assault victim attorney will provide the support you need to come to terms with childhood sexual abuse and publicly name an abuser. What matters most is that you feel ready to come forward with your experience. Do not settle for an attorney that makes you feel uncomfortable or ashamed. Our compassionate lawyers are experienced in representing victims and can explain each stage of the litigation process so that you remain in control.
Liable Parties for Sexual Assaults in California Schools
Depending on the circumstances of your sexual assault experience while at a California school, several parties may be liable. In addition to holding individual abusers responsible for their actions, California survivors may also be able to sue negligent schools for allowing their abuse.
In California, schools are responsible for maintaining a safe environment for students, especially minors. Teachers and school administrators are considered mandated reporters, meaning they are compelled to report even suspicions of sexual abuse against a minor student. Under Title IX of the Education Amendments of 1972, sex-based discrimination, which includes sexual assault, is prohibited in schools.
Schools also have the responsibility to thoroughly vet teachers and other staff members to prevent instances of sexual abuse. If a California school was aware of a teacher’s behavior and failed to stop it, or enabled sexual assault in other ways, you can likely hold it accountable in a lawsuit.
Survivors can also sue the individual teacher or staff member that sexually abused them in California. Our California attorneys can help you identify all parties that share liability for the sexual assault you experienced at school to get justice for yourself and protect other children.
California Statute of Limitations for School Sexual Assault Lawsuits
As a survivor of sexual assault at school, holding an abuser accountable in a lawsuit can seem impossible. Although filing a lawsuit quickly is often best, victims of childhood sexual assault generally have a long time to decide whether or not they want to sue an abuser.
According to Cal. Civ. Code § 340.1(a), survivors of childhood sexual assault have until they turn 40, or five years from the date of discovery, to file a lawsuit, whichever date comes later. This extension of the statute of limitations in California is recent as of 2019, as is California’s three-year lookback window. This lookback window, which is to remain open until January 1, 2023, allows survivors of school sexual assault to file a claim against an abuser, regardless of whether the previous statute of limitations has lapsed. This lookback window is only available to victims of childhood sexual assault.
If you were 18 or older while abused at school, you will have ten years from the last act of abuse or three years from the date of discovery to file a lawsuit, according to Cal. Civ. Code § 340.16.
Although the statute of limitations for victims to file a sexual assault lawsuit in California may appear long, it is best to file quickly. As soon as you feel ready, reach out to a California school sexual assault victim attorney. While you may have decades to file a claim, the longer you wait, the more difficult it can be to hold an abuser accountable.
Damages for School Sexual Assault Victims in California
Sexual assault can be incredibly traumatizing for victims, especially those who were minors at the time. Because of this, and the sheer negligence of schools that enable sexual abuse to take place, survivors of sexual assault at school in California can recover compensatory damages in a lawsuit.
Being sexually assaulted can have a profound impact on your life. Such trauma can cause very real physical and mental damage. Victims may require medical treatment for injuries caused by an abuser. Survivors may require therapy for issues stemming from sexual assault, like depression, anxiety, and post-traumatic stress disorder. Children sexually assaulted by a teacher or school staff member can face difficulties for the rest of their lives.
Our California school sexual assault victim attorneys understand this, which is why we fight for survivors’ rights to damages. In California, sexual abuse victims can recover compensation for financial and psychological damages caused by an abuser. If a California school shares liability for your sexual abuse, you may also be awarded punitive damages. If your attorney can prove that a California school attempted to cover up your experience of sexual abuse, your awarded damages may be tripled, according to Cal. Civ. Code § 340.1(b).
Our California Attorneys Can Help You File a Sexual Assault Lawsuit Today
If you experienced sexual assault while at school and feel ready to speak out, our lawyers are here to offer support. For a free case evaluation with the California school sexual assault victim attorneys at The Law Office of Andrew Shubin, call today at (814) 826-3586.