Sexual Abuse
If you were sexually abused or molested at school, you can file a civil lawsuit against the school and get a financial settlement to compensate you for what you went through. Schools can be held liable for sexual abuse or assault committed on school grounds or by teachers, other students, or employees of the school. This page will look at school sex abuse lawsuits and their settlement value.
Definition of Sexual Abuse or Sexual Assault
For legal purposes, sexual abuse or assault is any unwanted or non-consensual “sexual touching” or sexual contact.
Two critical elements must be present for something to qualify as sexual abuse: (1) sexual intent, and (2) lack of consent.
The first element is sexual intent. The plaintiff must show that the defendant engaged in the unwanted touching for the purpose of sexual gratification. Accidentally touching someone’s private parts does not count.
The second element is the lack of consent. For intentional touching to qualify as sexual battery, it must be done without consent. Legally, children under the age of 18 cannot give consent to sexual touching. This means that any intentional sexual contact with a minor by an adult lacks consent and qualifies as sexual battery.
Holding a School Liable for Sexual Abuse or Assault
If you have been the victim of sexual abuse at school, you can bring a civil lawsuit against both the individual who committed the abuse and also against the school where the abuse occurred. Suing the individual abuser is usually a waste of time because they probably don’t have any money or insurance coverage to pay for any settlement or judgment you might get. Bringing a lawsuit against the school is a much better option because school systems have insurance or their own financial resources to pay for your damages. Schools also tend to be very quick to settle legitimate sexual abuse lawsuits.
Schools will not always be liable for acts of sexual abuse. Still, in many cases, they can be held legally accountable under negligence theories for sexual abuse committed against students or on school property. Schools have a legal duty to reasonably protect the safety of their students from sexual abuse. They can be liable in a civil case if they breach this duty.
For example, let’s consider one of the most common examples of sexual abuse at school, where an older teacher sexually abuses or has sexual contact with an underage student. In that situation, the teacher is an employee, which means the school can potentially be liable for negligently hiring and retaining the teacher. A classic example of this would be if the school received prior complaints about inappropriate behavior by the teacher and did nothing about it. If that teacher goes on to sexually abuse another student, the school could easily be held liable for negligently retaining the teacher.
Another example would be if a student is sexually assaulted or abused by a fellow student on school grounds. In that situation, the school could be held liable based on a negligent security theory for failing to have adequate safety policies protecting students from each other. Finally, if the sexual assault happens on school property, the school could be held liable for negligent security based on other circumstances.
Statute of Limitations for School Sex Abuse Lawsuits
Each state has its own statute of limitations setting a legal deadline for how long victims can wait before filing a school sexual abuse lawsuit. In some states, the deadline can be very short, like two years or less. Other states have more extended limitation periods. The applicable deadline for filing a sexual assault lawsuit will also depend on whether the victim is an adult or a minor (under 18) at the time of the assault or abuse.
If the school sexual abuse occurred when the victim was a minor (under 18), then the statute of limitations deadline will likely be much longer. Many states have enacted new laws that significantly extend the SOL deadline for child sexual abuse lawsuits. A handful of states have even completely lifted the statute of limitations on sex abuse lawsuits involving children.
Bringing a School Sex Abuse Lawsuit
School sex abuse victims are legally entitled to bring civil lawsuits and seek financial compensation. The right to bring a civil lawsuit is not contingent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.
Victims can bring civil lawsuits for school sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.
Settlement Value of School Sex Abuse Lawsuits
There is nothing wrong about wondering how much money you could potentially get in a settlement if you bring a school sex abuse lawsuit. This could be a significant factor in deciding whether it’s worth the pain and stress of going through with the lawsuit. The settlement value of school sex abuse lawsuits will depend on a variety of factors, which tend to be very case-specific.
Some of the relevant factors driving the settlement value of school sex abuse cases include:
Nature of the Abuse: The nature, severity, and duration of the acts of sexual abuse or assault will be a significant factor in how much the case is worth. A single inappropriate touching will be worth far less than a case involving forcible rape on multiple occasions.
School Liability: The case will have a higher settlement value if you have a good theory of liability against the school. For example, if a teacher committed the abuse on school grounds, and the school had prior complaints about the teacher, the case will have a higher value.
Evidence: If the plaintiff has evidence to support their allegations of abuse, such as witness testimony or documentation like medical records, it will strengthen the case and make it worth more.
School Sex Abuse Verdicts and Settlements
- $500,000 Settlement (Washington 2022): The plaintiff, a minor female and special needs student at a high school operated by defendant Bethel School District, was reportedly sexually abused and harassed by a fellow special needs student, whom the defendant knew to be sexually aggressive.
- $6,000,000 Verdict (Florida 2021): Jane Doe, a 17-year-old female, claimed she was repeatedly sexually harassed and abused by her teacher, Jason Meyers, while she was a student at a high school operated by defendant The School Board of Miami-Dade County, Florida. The lawsuit alleged that the defendant’s employees had actual notice that Meyers was sexually preying upon current and former female students based upon complaints about him. Still, the defendant failed to investigate those complaints or undertake any corrective measures.
- $300,000 Settlement (Idaho 2021): The plaintiff sued her former high school, claiming that a teacher and counselor at the school engaged in a sexual relationship with her for the last two years of high school. The plaintiff alleged that the school district should have known about the inappropriate relationship and failed to protect her from the counselor.
- $4,250,000 Settlement (Washington 2021): The plaintiff was sexually abused by her middle school teacher for six years, beginning when she was only 12 years old. The lawsuit cited evidence showing years of “red flags” about the teacher’s behavior that the school district repeatedly ignored.
Hire a School Sex Abuse Lawyer
If you have been the victim of school sexual abuse, contact our lawyers today for free legal consultation. Call us at 800-553-8082 or contact us online.