Guide to Sexual Abuse Lawsuits in Public vs. Private Schools

Cases of sexual abuse perpetrated against children are an unfortunate reality. Schools come up frequently in these cases, and the victim and their families may sue public and private schools for sexual abuse. However, there are key differences in lawsuits against public and private schools that you should review with a lawyer.

You may sue your child’s school for sexual abuse, but beginning a case against a public school tends to involve more legal hurdles than suing a private school. Public schools are governmental entities, and they enjoy a certain degree of immunity from liability. While public schools may be held liable for sexual abuse, you must submit a notice of your claim relatively quickly. On the other hand, private schools may be sued like any other private business or organization, and legal procedures tend to be more straightforward.

For a free, confidential case analysis from our sexual abuse lawyers, call The Law Office of Andrew Shubin at (814) 826-3586.

Can I Sue My Child’s School for Sexual Abuse?

Schools have significant legal responsibilities when it comes to caring for students. If a student is injured, the school may be responsible, and parents may file lawsuits to recover damages. Sexual abuse against children often involves schools, teachers, administrators, and even other students. How you begin your lawsuit depends on whether the school in question is a public or private one.

You and our sexual abuse lawyers can check the laws of your state to determine if your child’s school may be held liable for sexual abuse. Public schools often enjoy a degree of legal immunity as governmental entities. However, many states, if not most of them, do allow public schools to enjoy immunity from sexual abuse claims.

For example, in Pennsylvania, under the state’s Tort Claims Act, public schools are not immune from liability for claims related to sexual abuse.

How to Begin a Sexual Abuse Lawsuit Against a School

Starting a sexual abuse lawsuit against a school may be easier said than done. You should seek help from an experienced attorney as soon as you can, as time may be of the essence.

Suing Public Schools

When suing a public school, you may need to jump through additional legal hoops because the school is a governmental entity. Often, plaintiffs must first notify the defendant of their claim before filing it in court. In Pennsylvania, for example, plaintiffs suing a public entity, such as a school, must submit a formal notice of their claim to the school within 6 months.

The notice requirement is separate from the statute of limitations, described in more detail later. Usually, you may only move forward with your case if the defendant denies your claim or fails to respond. Your lawyer should help you determine when and how to submit a notice of your claim based on the laws of your state.

Suing Private Schools

Private schools are not public entities and are not protected by the sovereign immunity laws that otherwise shield public schools. This also means that plaintiffs suing a private school for sexual abuse do not have to file a formal notice of their claim. You may prepare your case and file your lawsuit as you would against any other private entity, organization, or business.

Claiming Damages in a Sexual Abuse Lawsuit Against Public and Private Schools

Assessing damages can be challenging in any case. When suing a public school, your damages may be capped as a matter of law. However, these same limitations might not apply to cases against private schools.

Compensatory Damages

Compensatory damages include economic and non-economic damages directly related to the plaintiff’s sexual abuse claims. Economic damages often revolve around the cost of medical expenses from seeking treatment for injuries caused by the abuse. You may also claim other costs, such as the cost of relocating your child to another school to escape the abuse.

Non-economic damages tend to be significant in sexual abuse cases. You may claim damages for your pain, suffering, emotional distress, and lasting psychological effects, like PTSD.

Compensatory damages are generally the same for cases against public and private schools. However, when suing a public school, your damages may be limited, depending on your state. In Pennsylvania, damages against governmental entities are limited to $500,000.

Punitive Damages

Punitive damages are separate from compensatory damages and may be awarded to punish defendants for extremely bad conduct. Punitive damages are rare, but they may be substantial if awarded. Many states limit punitive damages, while others do not. These limitations may also vary for cases against public schools. Some states do not allow punitive damages in lawsuits against public schools.

The Statute of Limitations for Lawsuits Against Schools

The statute of limitations determines how much time a plaintiff has to file a lawsuit. While these statutes vary from state to state, they tend to apply the same to cases against public and private schools. Keep in mind that, when suing a public school, you may still have to comply with the requirements for a notice of your claim.

Victims Who Are Minors

In many sexual abuse lawsuits filed against schools, the victims were children when the abuse occurred. This is an important distinction to make, as the statute of limitations in many states is different for children when it comes to sexual abuse claims.

Children typically cannot take legal action on their own. They are also more easily intimidated into remaining silent, and many victims do not report the abuse until years after it happens. As such, states have carved out laws that give children far more time to file lawsuits for sexual abuse. For example, in Pennsylvania, plaintiffs who were sexually abused under the age of 18 have 37 years from the day they turn 18 to file a lawsuit.

Different states have different laws that may give you more or less time to file. Some states have completely abolished the statute of limitations for childhood sexual abuse, while others impose far stricter limitation periods.

Victims Who Are Adults

Plaintiffs sexually abused as adults often must adhere to a less generous statute of limitations. Many states require plaintiffs to file sexual abuse cases according to the statute for ordinary personal injury claims, which might only give them a few short years to file. Your attorney should help you determine which statute of limitations applies to your case.

How to Prove Claims of Sexual Abuse Against a Public or Private School

Evidence may disappear or be hard to find, and we may need to build your case on only a few pieces of strong evidence. There is often no significant difference between the evidence needed for a case involving public or private schools.

Witness Testimony

Witness testimony can be extremely powerful, especially when witnesses have clear memories of the events and are confident in their testimony. Did someone else witness the abuse? Maybe you reported the abuse to a teacher or administrator, and they can back up your claims.

Your testimony may be the most important of all. Only you can testify about exactly what happened to you and how it affected you. This can be emotionally difficult, but it may be necessary.

Medical Records

Sexual abuse is often very violent, and many victims experience physical injuries as a result of the abuse. If you sought medical treatment after the abuse, your records may be crucial to proving your claims. These records may be helpful even if you did not tell your doctor about the abuse when you sought treatment.

Security Camera Footage

If the sexual abuse happened at school, there may be security camera footage that we can use in court. Even if the abuse was not actually caught on camera, the camera might have recorded other details surrounding the abuse. For example, a security camera might show the plaintiff being led into a private room with a teacher or administrator before the door is closed behind them. This may support the plaintiffs’ claims that the defendant lured them into a locked room to sexually abuse them.

How Sexual Abuse Can Occur in Public and Private Schools

Sexual abuse cases often play out in somewhat similar ways, and cases in public and private schools tend to follow similar patterns.

After School Programs

Many victims are abused while participating in after-school programs or extracurricular activities. Teachers or even parent volunteers often head these activities. Many students are abused while participating in sports. A coach may isolate a student in the locker room and sexual abuse them. These programs often give abusers many opportunities to be alone with students, and abuse is not uncommon.

Threatening Grades or Opportunities

Other defendants might use threats or coercion to make victims comply with the sexual abuse. A teacher might threaten a high-achieving student’s grades if they do not submit to their sexual advances. An administrator might make promises regarding academic opportunities or college scholarships in exchange for sexual favors. This is serious abuse, and victims should contact the police immediately.

Grooming and Secret Relationships

Some cases of sexual abuse do not feel like abuse. Instead, victims are deceived into believing the abuse is consensual and that they are in a relationship with their abuser. Defendants may spend weeks, months, or even years grooming their victims into believing in this relationship so that they can more easily sexually abuse them.

What to Do if You Suspect Your Child Has Been Sexually Abused at School

If you believe your child has been the victim of sexual abuse at a public or private school, call the police immediately and contact a lawyer for help.

Medical Evaluations

If your child tells you that they have been sexually abused at school, you should have them medically evaluated by a doctor immediately. Even if they do not feel injured, a doctor may identify injuries or other physical signs of the sexual abuse. These evaluations may be crucial in proving that the abuse actually happened.

Contact the Police

Sexual abuse is an extremely serious crime, and you should call the police immediately. They can conduct a thorough investigation and uncover evidence you might otherwise be unable to obtain. Also, the abuser may face criminal charges, and a guilty plea or guilty verdict may be used in your civil case to support your claims.

Document Everything

Be sure to document everything that happens from the moment your child reports the sexual abuse. Any communications between you and the school should be saved and shared with your attorney. If anything seems important enough, try to document it or save it.

FAQs About Sexual Abuse Lawsuits in Public and Private Schools

Can I Sue a Public School for Sexual Abuse?

Yes. While public schools are governmental entities, they may still be sued for sexual abuse committed against a student. However, we may need to begin the case quickly, as you may need to file a formal notice of your claim within a few months, depending on your state.

Can I Sue a Private School for Sexual Abuse?

Yes. Private schools are not governmental entities and may be sued like any other private organization or business. There is typically no formal notice requirement, and the school and its employees are not shielded by any form of governmental immunity.

How Long Do I Have to Sue a School for Sexual Abuse?

When suing a public school, you must file a notice of your claim with the school soon after the latest incident of abuse, but there is no notice requirement for private schools. The statute of limitations will vary from state to state, but many states give victims of childhood sexual abuse decades to file lawsuits.

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

You may claim damages for the economic costs of things like medical care or even transferring your child to another school to escape the abuse. Non-economic damages for distress, pain, suffering, and mental turmoil can be quite substantial, as victims of sexual abuse are haunted by their experiences for many years.

Can I Sue a School for Sexual Abuse That Happened a Long Time Ago?

Yes. Many states have amended their statutes of limitations for sexual abuse claims to allow victims of childhood sexual abuse to file lawsuits many years – even decades – after the abuse occurred. Your attorney can help you determine if your case is still within the limitation period in your state.

What Evidence Do I Need to Sue a School for Sexual Abuse?

Sexual abuse cases may require evidence of injuries from sexual abuse, and medical records can be helpful. If others knew of the abuse, their testimony may be invaluable. Your own testimony is likely crucial, and it might be the strongest evidence if we have if the abuse occurred many years ago and other evidence has been lost.

Obtain Legal Help by Calling Our Sexual Abuse Attorneys

For a free, confidential case analysis from our sexual abuse lawyers, call The Law Office of Andrew Shubin at (814) 826-3586.