Attorneys for Children represents survivors of abuse, violence, or other acts against a person in the public and private education sector. We know that these actions have lasting effects on a person long into adulthood. When a person in a position of trust and authority takes advantage of a child, there needs to be accountability.
Recent statistics demonstrate that more than ten percent (10%) of all K-12 students will be the victim of sexual misconduct by a school employee before they graduate from high school. These numbers increase when taking into account other violent or nonviolent misconduct by school staff and increase even further when actions by other students are included.
If you are a survivor of sexual abuse or violence, you may just be uncovering the extent of harm done to you. This is also true if you are an adult and the harm occurred years ago. Either way, you need to know what options are available for you to not only hold the aggressor accountable, but to be able to recover damages owed to you.
The attorneys associated with Attorneys for Children have many decades of experience working in the legal areas of abuse, education, and physical and emotional injury. They have achieved six and seven figure results for their clients throughout California and have the ability to understand your rights and your options.
The area of childhood sexual abuse law is constantly evolving. As more and more children and adults come forward, legislatures are realizing the extent of the harms that exist. This realization prompts action and changes to the legal landscape. For this reason, it is important that you understand your legal rights and responsibilities.
Contact us today for a free, confidential consultation.
As this area of law changes, it is important to understand some of your rights and responsibilities.
One of the biggest changes to legislation recently is to the timing related to filing a claim. For too long perpetrators were getting away with harm because of a state’s strict statutes of limitation, or deadline, by which a civil lawsuit has to be initiated in court. Now, however, California, along with many other states, has recognized the fact that such trauma to an individual, especially a child, can be repressed for many years after the abuse. To this end, California has been working to make the court system more accessible to victims of abuse.
As of January 2020, survivors of childhood sexual abuse have until the age of 40 to file a claim, or within five years of the discovery of the abuse. However, once discovery is made, there are still strict timelines in place related to school districts and other public entities. Some of these timelines are as short as six months. These are general guidelines and the facts of each person’s case may result in a different statute of limitation.
For this reason, it is imperative that you speak with an attorney as soon as possible. Sometimes when law enforcement is involved, a person may think they should wait until after a criminal case is complete to seek civil recourse. This would be a mistake as a criminal case has no effect on the civil timelines. Do not delay.
Victims may be told that they do not have the right to hold an entity responsible for the harm caused by an individual employee. This is simply false.
Especially in circumstances where an entity, like a school district, is required to keep all students safe and free from harm; the entity can be held responsible for the actions of its employees and agents acting on their behalf.
If a student is harmed on campus by staff, another student, or even a non-employee that is on school grounds, the school can be held liable for any of their actions. This is also true when an act occurs not on school grounds but as part of a school related function (e.g., a school dance).
There are many areas of law that come into play when dealing with sexual abuse or other violent and non-violent child related actions. This is why it is important to get the right advice from an experienced professional.
The information on this website does not constitute an offer or agreement to enter into any transaction, including an attorney/client relationship, nor does it constitute a proposal or recommendation to enter into any such transaction.
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