WERE YOU SEXUALLY ABUSED BY A TEACHER OR SCHOOL STAFF?
You May Be Entitled To Substantial Compensation
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SEXUAL ABUSE IN SCHOOLS
Fighting for Survivors of School Sexual Abuse
Every year, there are numerous reports of arrests, investigations, and civil suits involving students who were sexually abused by teachers and staff at educational institutions across the country. In many of these cases, the record shows that administrators, school districts, and other entities with oversight responsibilities failed in various ways to adequately protect the victims. When trusted figures such as teachers and other educators betray students and their families in this heinous way, the results can be catastrophic.
At Levy Konigsberg, our award-winning trial lawyers have earned national recognition litigating high stakes sexual abuse lawsuits. We’ve helped survivors throughout the nation take on public and private school systems, colleges and universities, and other powerful institutions, and have recovered millions of dollars in compensation for clients.
If you or your child were sexually abused in a school setting, you may have grounds to pursue legal action and financial compensation for your damages. Reach out today.
Were you sexually abused?
History and Enablement of Sexual Abuse in Schools
The problem of staff-on-student sexual abuse has been documented through decades of high-profile investigations, civil lawsuits, and criminal indictments.
In one of the most sweeping investigations to date, the U.S. Department of Education found that the nation’s public elementary and secondary schools saw a more than 50% increase in reports of sexual violence during the 2017-2018 school year.
Specifically, the DOE report found that schools reported 15,000 total incidents of sexual violence during the period under review, a 55% increase from the number of incidents in 2015-2016. Most incidents (14,100) were classified as sexual assault, while more than 780 involved rape or attempted rape.
While experts suspect some of the increase can be attributed to better reporting, the DOE investigation confirms that sexual abuse within U.S. schools continues to be a pervasive problem. Even today, notable recent cases confirm that administrators and districts are failing to protect students from sexual abuse. In cases across the country, teachers, educators and school officials have been alleged to have betrayed the trust of students and their families by engaging in sexual abuse of students, failing to act when they have received reports of sexual abuse perpetrated in schools and covering up sexual abuse in schools.
Groundbreaking Laws Give Student Sex Abuse Survivors New Opportunities for Justice
In recent years, states across the country have worked to pass laws that make it easier for childhood sexual abuse survivors to step forward and seek the compensation they deserve.
These groundbreaking laws are based on widely accepted research into the difficulties sex abuse survivors face when it comes to processing their abuse and the various legal barriers modern state laws have created for survivors who wish to pursue justice in the civil legal system.
Today, laws passed in a growing number of states are giving unprecedented opportunities for child sexual abuse survivors. Many of these laws involve the extension of the statute of limitations, which gives survivors years or decades more time to file their claims, and some have eliminated the civil statute of limitations for child sex abuse lawsuits entirely. Several states have also included retroactive components in these laws that allow survivors with previously time-barred claims to step forward.
Some examples include:
- Arkansas. Under Arkansas’s recently passed Justice for Vulnerable Victims of Sexual Abuse Act, survivors who were 21 as of July 31, 2021, along with any future victims, now have until they turn 55 or three years from discovering the abuse—whichever is later—to take legal action against their abuser or any organizations that failed to protect them.
- California. California’s Child Victims Act of 2019, which went into effect on January 1, 2020, extended the statute of limitations for child sexual abuse lawsuits. Survivors sexually abused as minors can now file claims until age 40.
- Illinois. Under recently revised Illinois laws, claims brought by survivors of childhood sexual abuse may be commenced at any time for victims who were born on or after July 24, 1983.
- Maryland. Maryland’s Child Victims Act of 2023, which went into effect on October 1, 2023, eliminated the statute of limitations for civil lawsuits based on child sexual abuse and created an unlimited lookback period that allows child sex abuse survivors to file lawsuits over abuse that occurred at any time in the past.
- Massachusetts. Under current Massachusetts law (Chapter 260 § 4C), survivors of child sexual abuse must file civil claims against their abuser within 35 years of the final act of abuse or within 7 years of discovering that they suffered damages as a result of their abuse, whichever is later. Survivors of child sexual abuse that occurred after June 2014 may file civil claims against persons or entities other than the abuser within 35 years of the final act of abuse.
- New Jersey. Under recently revised New Jersey laws, survivors of child sexual abuse have until the age of 55 to file claims against abusers and responsible institutions.
- New York. In 2019, New York passed the Child Victims Act, expanding the statute of limitations for survivors of childhood sexual abuse. Under current law: (1) survivors of childhood sexual abuse at private schools, who were born after February 14, 1998, have until age 55 to file civil lawsuits; and (2) survivors of childhood sexual abuse at public schools, who were born after November 15, 1999, have until age 55 to file civil lawsuits.
- Oregon. Under recently revised laws, survivors of childhood sexual abuse in Oregon have until their 40th birthday, or five years from the date they discover that their damages (which can include addiction, self-harm, and other mental health issues) are connected to their abuse, to file civil lawsuits.
- Pennsylvania. In Pennsylvania, lawmakers are currently reviewing pending legislation that, if passed as expected, would extend the civil statute of limitations for child sexual abuse lawsuits to age 55 and created a temporary two-year window for child sex abuse survivors to file claims over abuse that occurred at any time in the past.
For survivors who were sexually abused at schools, these and other similar laws provide an unprecedented opportunity to seek justice and hold school systems and administrators accountable for their failures.
At Levy Konigsberg, our firm has extensive experience bringing claims under newly expanded statutes of limitations and lookback windows and is actively reviewing and preparing claims from survivors in states where survivor-friendly legislation is currently pending. We can evaluate the statute of limitations in your case during a confidential consultation.
Liability in School Sex Abuse Lawsuits
School sexual abuse lawsuits are claims brought in civil court that seek justice, accountability, and financial compensation for the damages endured by survivors. They may involve abuse committed by teachers, coaches, administrators, or other school employees and victims of any age.
Here are some important facts about civil sex abuse lawsuits against schools:
- Defendants: School sexual abuse lawsuits may name multiple parties as defendants. This includes not only the alleged wrongdoer (such as a teacher or coach) but also parties which bear responsibility for staff, such as school administrators, public school districts, and private or religious-affiliated institutions.
- Fault and Liability: Sexual abuse lawsuits focus on who is at fault for a victim’s damages. As matters handled in civil court, they are separate from any criminal proceedings against a wrongdoer. And because civil cases use a lower burden of proof than that used in criminal cases, the outcome of any criminal case does not determine the outcome of a civil case; defendants can still be held liable in civil suits even if they are found not guilty (or even never charged) in criminal court.
- Negligence and Failures: Plaintiffs in sex abuse lawsuits must prove that defendants were negligent or otherwise failed to uphold the legal obligations they owed students. This may include failing to properly screen teachers, coaches, or staff prior to hiring, negligent supervision of employees and students, and failures to appropriately handle complaints, conduct investigations, notify law enforcement, or follow school policies. In some cases, it may involve the willful concealment and cover up of abuse.
- Compensation: When a sexual abuse lawsuit is successfully settled or litigated, survivors will be entitled to financial compensation for the economic and non-economic damages caused by their abuse. This can include the costs of therapy and mental health care, lost income and earnings, and pain and suffering.
We specialize in sexual abuse lawsuits against powerful institutions. These include government entities (such as prisons, schools, and juvenile detention / juvenile treatment centers), technology companies, and clergy.
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Who Can You Sue in a Sex Abuse Civil Case?
In a sex abuse civil case, the parties you might sue can vary depending on the circumstances of the abuse and the relationships involved.
Some potential parties that could be sued in a sex abuse civil case include:
- Individual Perpetrator: The alleged perpetrator of the sexual abuse can be named as a defendant in the lawsuit. This is often the person who directly committed the abusive acts.
- Institutions and Organizations: If the abuse occurred within an institution or organization, such as a school, church, sports club, or workplace, and they failed to take appropriate action to prevent or address the abuse, they might also be held liable.
- Employers: If the perpetrator was an employee of an organization or institution, the employer might be held vicariously liable for the actions of their employee if the abuse occurred within the scope of their employment.
- Property Owners: If the abuse occurred on a property owned by someone else, and the property owner failed to provide adequate security or take reasonable steps to prevent the abuse, they might be considered liable.
- Government Entities: In some cases, government entities might be involved, especially if the abuse occurred within a state institution or facility. Suing a government entity might involve specific procedures and limitations.
Sex abuse cases can be legally complex, so it's highly advisable to consult with experienced legal professionals who specialize in this area to understand your options and pursue the appropriate legal action. Levy Konigsberg, along with our team of sexual abuse lawyers, is available to provide assistance for your sexual abuse case.
Do I Have a Case?
You may have grounds to file a civil legal action if:
- You were sexually abused by a teacher or staff at a school.
- The abuse occurred at any school.
Levy Konigsberg represents survivors in civil lawsuits that aim to hold schools accountable for their failures to stop abusive teachers and staff.
As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:
- Your abuser is no longer alive.
- Your abuser was never charged with or convicted of a crime.
Recoverable Damages in Sexual Abuse Claims
In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:
- Past medical and mental health expenses
- Future mental health expenses, including therapy, medications, etc.
- Pain and suffering
- Emotional anguish and psychological harm
- Lost income
- Other economic and non-economic damages
We Represent Survivors in All Types of Sex Abuse Claims
Trust Levy Konigsberg's Legal Team for Proven Results in Sexual Abuse and Negligence Cases
Levy Konigsberg LLP, a nationally recognized law firm, has built a legacy over three decades, recovering over $3 billion in sexual abuse compensation for clients. Led by award-winning sexual abuse lawyers, we specialize in representing survivors in sexual abuse across the country, taking on powerful institutions. Our top-rated trial practice handles all types of sexual abuse or negligence cases, showcasing numerous testimonials and successful case results.