Schools should prioritize students’ safety as much as their academic growth, but some institutions fail to protect vulnerable students from sexual abuse. At Arias Sanguinetti, our school sexual abuse lawyers in California are committed to seeking justice for survivors by holding negligent schools accountable.
With over 300 years of combined experience, our team of attorneys brings the skill and dedication necessary to handle even the most demanding cases.
Our California sexual abuse lawyers are known for thorough case preparation and trial-readiness, ensuring that survivors feel supported every step of the way.
We are here to listen to survivors and fight for the justice, accountability, and results you deserve. Call us for a free, confidential consultation.
Holding Negligent Schools Accountable Through a Sexual Abuse Claim
When a child suffers sexual abuse at school, accountability extends beyond the abuser. Schools have a legal and moral responsibility to protect students. California personal injury lawyers assist survivors and their families in holding negligent schools accountable.
Teachers, administrators, coaches, and other school staff are considered mandatory reporters under California Penal Code § 11165.7, so they are legally required to report any suspected child abuse to authorities.
When these individuals fail to report, or a school’s systemic negligence enables abuse to occur, survivors may have grounds to file a claim against the institution itself, whether it is a public, private, or charter school.
Institutional negligence in schools can take the following forms:
Failing to Properly Screen or Supervise Employees
Schools are responsible for conducting thorough background checks on all employees and ensuring that staff members are appropriately supervised.
When schools fail to vet employees or neglect to monitor their interactions with students, they create opportunities for abuse to occur.
Ignoring Warning Signs or Prior Complaints About an Abuser
In some cases, schools may be aware of inappropriate behavior or prior accusations against an individual but fail to take action. By ignoring these red flags, schools allow abusers to continue harming students, often for extended periods.
Failing to Implement or Enforce Policies Designed to Protect Students
School safety policies, including reporting procedures and supervision guidelines, help create safe environments for students. A lack of safety policies or failure to implement them leaves students vulnerable to abuse.
Through civil litigation, our California school sexual abuse lawyers also work to obtain compensation to address losses, such as reimbursement for past medical expenses, therapy costs, and awards for the pain and suffering you experienced and continue to endure.
How Long Our California School Sexual Abuse Attorneys Have to File Your Lawsuit
Survivors of school sexual abuse often face emotional barriers to recognizing the harm they suffered. Suppressed memories and societal pressures can delay their ability to come forward.
California lawmakers have acknowledged these challenges by making significant updates to the statute of limitations for childhood sexual abuse cases.
These changes provide survivors with more time and greater opportunities to seek justice against both abusers and the institutions that failed to protect them.
Assembly Bill 218 (AB 218)
Under AB 218, survivors of childhood sexual abuse have until their 40th birthday (or five years from discovering the link between their psychological injury and the abuse) to file a lawsuit.
This extended timeline acknowledges that many survivors may not immediately recognize the full impact of the abuse on their lives, sometimes suppressing memories or delaying action until much later.
With this change, survivors of school sexual abuse have more time to hold abusers and negligent schools accountable for the harm they endured.
Assembly Bill 452 (AB 452)
For cases of sexual abuse of a minor occurring on or after January 1, 2024, AB 452 eliminates the statute of limitations.
This means that survivors of school sexual abuse, regardless of when they decide to come forward, will always have the right to pursue justice.
By removing time restrictions, California has ensured that survivors are not denied legal recourse due to delays in processing their trauma or hesitations in reporting the abuse.
Assembly Bill 2777 (AB 2777)
AB 2777 opened a special lookback window for adult survivors of sexual abuse that occurred on or after January 1, 2009. Even if this statute of limitations expired, survivors may be able to file claims during this window, which runs from January 1, 2023, through December 31, 2026.
This law provides an opportunity for survivors of school sexual abuse to seek justice even if they were barred from doing so under older statutes.
School Sexual Abuse Cases Involving Government Agencies
A California government claim must be filed within six months to preserve your right to sue a public school or district. This claim is a required first step before you can file a lawsuit in court.
Exceptions apply, such as the following:
- Minors do not need to file a government claim. If the abuse happened when you were under 18, you may sue the public entity directly. California law gives those survivors until age 40 or within five years after discovering that the abuse caused them psychological injury in adulthood, whichever is later, to file a civil lawsuit.
- Adult survivors of sexual abuse typically must file the government claim within six months when a public school is a defendant. The adult civil limitations rules do not replace this claim requirement.
- Adult revival windows do not remove the claim step for public defendants. The temporary revival laws for adults keep claims alive but still require timely claim presentation if a public entity is involved.
California School Sexual Abuse Lawyer Near Me 310-844-9696
Signs a Child Is Experiencing Sexual Abuse at School
As a parent or guardian, knowing the signs of abuse, as subtle as they can be, can help you protect your child. Children may not always share what they are going through at school, especially if they are too young to understand that abuse has occurred or if they feel afraid or ashamed.
Being vigilant about changes in your child’s behavior, emotions, or physical health can help you intervene early and protect your child from further harm.
Some signs of sexual abuse in school include:
- Sudden withdrawal or isolation: If your once-social child becomes withdrawn or avoids interactions with family or friends, it could indicate emotional distress due to abuse.
- Fear of specific people or places: Avoidance of certain teachers, staff members, or areas of the school may be an indicator of abuse.
- Unexplained anger or mood swings: Your child might act out or become unusually irritable as a result of experiencing sexual abuse.
- Loss of interest in school or activities: A drop in grades, reluctance to attend school, or disinterest in hobbies they previously enjoyed could indicate something is wrong.
- Excessive fear or anxiety: Your child may seem overly anxious, especially in situations related to school or certain school personnel.
- Unexplained injuries or pain: Sexual abuse can lead to visible, physical injuries, which can be signs, especially if your child is hesitant to explain how these injuries happened.
- Frequent physical complaints: Persistent stomachaches, headaches, or other physical ailments without a clear medical origin sometimes stem from emotional stress or trauma.
- Inappropriate sexualized behavior: Sudden or unusual sexual knowledge, language, or behaviors that are not age-appropriate may indicate abuse.
Take these signs or your child’s concerns seriously. Report your suspicions to law enforcement or Child Protective Services immediately, and seek support from a licensed counselor or therapist experienced in working with survivors.
Our school sexual abuse attorneys in California will do everything in our power to protect your child’s safety and well-being.
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Call Arias Sanguinetti for Compassionate Legal Care
At Arias Sanguinetti, our team of school sexual abuse lawyers provides compassionate representation for parents, guardians, and adult survivors. No child or family should face the trauma of abuse alone. Legal action holds abusers and institutions accountable and supports the path to justice.
When the USC Tyndall case was brought forward, Mike Arias and the attorneys at Arias Sanguinetti helped open a new statute of limitations for survivors of sexual assault, creating opportunities for countless individuals to seek justice.
This same commitment to justice, advocacy, and change drives our work in representing survivors and their families. Contact us today for a free, confidential consultation.
Call or text 310-844-9696 or complete a Free Case Evaluation form
