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Experienced and compassionate trial lawyers helping sexual abuse survivors receive the justice they deserve.
One in 4 females and 1 in 20 males has experienced sexual abuse during childhood. The impact of such trauma can be profound and long-lasting. People have reported sexual abuse at summer camps, churches, youth sports, college athletics, homes, and schools.
What Is Considered Sexual Abuse in Schools?
Sexual abuse is a crime involving any sexual activity without the consent of both parties. Since children and adolescents are not developmentally mature and cannot fully comprehend sexual acts, they cannot give consent. Even if a child does not physically resist the unwanted contact, it is still considered a crime.
Sexual abuse can include any form of unwanted or non-consensual sexual activity, including:
- Sexting
- Voyeurism
- Sexual assault
- Sexual harassment
- Inappropriate touching
- Sharing sexual pictures
- Exposure to exhibitionism
- Requests for sexual favors
- Unwelcome sexual advances
- Involvement in pornography, either filming the child or exposing them to the content
When sexual abuse occurs between a child and someone at their school, this is considered sexual abuse of students.
Sexual Abuse of Students in Schools
In the 2020-2021 school year, the US Department of Education reported 2,700 incidents of sexual assault in K-12 public schools.
- 350 rape or attempted rape cases
- 17,000 allegations of harassment or bullying based on sex
Most offenses were at the hands of other juveniles, about 76% for males and 70% for females. Harmful sexual behavior perpetrated by other children and adolescents in school settings may occur due to inadequate adult supervision or teachers who do not respond to these allegations.
One study reported 11.7% of sexual abuse in grades K-12 was perpetrated by educators, such as teachers or coaches.
- 63% were teachers
- 20% were coaches or gym teachers
- 85% were male educators
Signs and Effects of Sexual Abuse
Depending on the nature of the sexual abuse, physical signs such as bruising or bleeding may not be present upon examination by a medical professional. However, the emotional and psychological wounds can follow a child throughout their lifetime.
Physical Effects
A child who was sexually abused may not report it to anyone, and you may only see vague symptoms, such as:
- Fatigue
- Headaches
- Difficulty sleeping
- Chronic pelvic pain
- Lower pain threshold
- Gastrointestinal disorders
- Painful periods or menstrual cramps
Some physical symptoms may be caused by psychological effects.
Psychological Effects
A study published in 2022 reported that people who were sexually abused in grades K-12 had more difficulty with psychosocial functioning than those who did not. Sexual abuse survivors may experience:
- Anxiety
- Depression
- Angry outbursts
- Eating disorders
- Distorted body image
- Poor performance at school
- Suicidal thoughts and ideations
- Conduct or behavioral disorders
- Decreased cognitive functioning
- Post Traumatic Stress Disorder (PTSD)
- Difficulty maintaining personal relationships
- Sedentary lifestyle, which may lead to obesity
- Difficulty returning to school or holding down a job
Financial Effects
Sexual assault can cost over $122,000 per survivor. Coping and completing everyday tasks can become a challenge, leading to financial strain on both the survivor and their family. These costs may include:
- Medical expenses
- Criminal justice costs
- Mental health care and therapy costs
- Lost productivity at work or the inability to work
Pursuing a Lawsuit
A criminal court can put a person on trial for crimes they have committed and impose penalties if they are found guilty. In a criminal case, the prosecution must prove “beyond a reasonable doubt” that the accused person committed the crime.
Civil cases do not need the same physical evidence as a criminal case. In a civil case, your lawyer must prove the case by a “preponderance of the evidence.” You can also hold an organization or a school accountable for the actions of their employees, for failing to protect the victim, for allowing the abuse to continue, or for allowing it to happen on their property.
What to Expect During a Civil Case
If you choose to pursue a civil case, you need to find an experienced lawyer who specializes in sexual abuse cases and understands your state’s laws.
The Initial Consultation
The initial consultation is the most critical component of the process. During the civil suit, you will share personal and sensitive information with your lawyer, so you must trust them and feel comfortable working with them. If you do not think the lawyer is a good fit, you can request a consultation with another attorney.
Initially, your lawyer will ask general questions about the incident, including the details and timing. They will assess whether you have a viable case and how they can assist you. They will also verify if your case is within the statute of limitations for child sexual abuse and provide guidance on recent legislative changes.
Bring any evidence you may have, which may be limited if the abuse occurred during your childhood. Possible evidence includes:
- Photos
- Videos
- Emails
- Police reports
- Text Messages
- DNA evidence
- Medical records
- Social media posts
- Witness statements
- Criminal court records
- Mental health and therapy records
If you do not have physical evidence, an experienced lawyer may be able to locate some.
Discovery Phase
During the discovery phase, the lawyers from both sides of the case will investigate and exchange information. This may involve depositions or question-and-answer sessions. If the defense attorney chooses to depose you, you must answer any questions they may ask, which may not be easy. Your lawyer will assist in preparing you and helping you understand what to expect.
Most civil lawsuits settle before going to trial. However, if your case does not settle, it may go to trial.
Trial
If your case proceeds to trial, the defense attorney will employ various strategies to defend their client, including attempting to undermine your credibility or suggesting that the incident was your fault. Your lawyer will assist you in preparing for this.
During the trial, your lawyer may pursue financial compensation for:
- Mental and psychological counseling
- Healthcare expenses
- Emotional distress
- Pain and suffering
- Punitive damages
Contact Shrader & Associates for your Free Consultation
If you or someone you know has experienced sexual abuse in a school, you don’t have to navigate the legal justice system alone. Contact Shrader & Associates today to schedule a free, confidential consultation with our experienced attorneys. We are here to support you every step of the way, from understanding your legal options to pursuing justice. Call us now to speak to an attorney and learn how we can help you get the compensation you deserve.
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