Children spend most of the year in school, so it is not surprising that many of them are assaulted there. As experienced Atlanta sexual assault lawyers, we work to safeguard children and represent their families when a child is molested. Call our office to schedule a consultation. We can bring a legal claim against a teacher, school, or school district for any instance of assault or molestation. Our consultations are private.
Sexual Molestation is An Uncomfortable Reality in Schools
We do not have an exact number showing how many children are molested each year, but some recent studies do provide a starting point.
For example, the Department of Education (DOE) collects reports of sexual assault in schools, including rapes. For the 2020-2021 school year, schools reported 2,700 incidents of sexual assault and 350 incidents of rape.
These numbers are probably low. Very young children might not know they have been assaulted, or else they do not know how to report it to anyone at the school. Children might be threatened by a teacher not to tell their parents. For these reasons, we would not be surprised if more children are molested than is reported to the DOE each year.
If your child reports any inappropriate touching, you should let them talk and remain calm. Try to get as much information as you can without asking leading questions and tell them you believe them. You should also reach out to our law firm immediately.
Suing a Teacher or School for Sexual Assault
A civil sexual assault claim seeks compensation for the harms caused by molestation. The compensation can cover any medical care, including therapy. The money also should provide something for the pain, embarrassment, and mental anguish caused by the assault.
The process of suing a teacher or school will depend on the circumstances. There are many differences when assault happens in a private school compared to a public school.
Private School
For example, if your child is molested by a teacher in a private school, then we can sue both the teacher and school directly. An individual is liable for the intentional torts they commit. The school might also be liable if they knew of the molestation but did nothing, or if they failed to properly vet a teacher before hiring them.
Sometimes, schools receive complaints about teachers, including inappropriate touching. A school should investigate promptly and take action, if necessary.
Public School
Most children in Atlanta are in public school, and the legal process is different. A public school is considered part of the government, which enjoys sovereign immunity. That means you cannot sue a public school for injuries in many cases.
The Georgia Tort Claims Act has a limited waiver which allows people to sue in narrow circumstances. Whether you can bring a sexual assault claim against a school requires deep analysis from an experienced attorney. Contact Stewart Miller Simmons Trial Attorneys today to speak with someone on our team.
Liability for Assault from a Fellow Student
Some students are not attacked by teachers but by a fellow student. Your child could be molested in the bathroom or locker room or while riding on the bus.
Several questions arise when another student assaults a child:
- The age of the assailant. Some children are too young to be liable for their actions, no matter how reprehensible their conduct.
- Whether the school is liable. You might sue a private school for failure to supervise its students. Under this theory, the lack of supervision gave the assailant an opportunity to assault your child, so this negligence is actionable. Some schools fail to employ sufficient staff in the classroom or at recess, or else the school does not take complaints seriously.
- Whether you can hold a public school responsible. This analysis is complex and depends on many factors, as mentioned above.
Because this is not a “black or white” situation, speak with a lawyer. We can review the facts to better understand your legal rights.
Are Waivers Valid?
Some private schools ask parents to sign liability waivers when they register their child. These waivers seek to insulate schools from legal liability for any injuries suffered at the school.
Many parents are worried the waiver will prevent them from seeking legal remedies. However, even a voluntary waiver is not effective in all situations. We can review your copy, if you have it, and determine whether a court will uphold it.
What Compensation Can You Receive?
The goal of a civil case is to receive compensation for the harms your child suffered:
- Pain and suffering
- Mental distress
- Post-traumatic stress disorder
- Medical treatment (if the victim suffered injuries)
Parents might also have a legal claim for lost income or wages, if they missed work to help their child after the abuse allegations. We can review what evidence you need to bring this type of claim.
Seeking compensation also holds the perpetrator and school accountable. A school which turns a blind eye to allegations of molestation or assault should be held liable in court.
Should You Report the Crime to the Police?
Yes. However, it’s up to the state whether to bring criminal charges. The state will consider many factors, including the strength of evidence. The fact the state does not file criminal charges does not mean you will lose a civil suit.
Civil assault cases have a lower burden of proof than criminal cases. Our team can win a case if there is enough evidence to show it is more likely than not that the defendant molested your child.
Reach Out to an Experienced Atlanta Sexual Assault Lawyer
Hearing your child has been abused is a shocking moment for parents. All sorts of questions are probably swimming in your head. Contact Stewart Miller Simmons Trial Attorneys. The law gives you the right to pursue compensation, though your child’s young age is a complicating factor. If you reach out, we can provide more details about how we negotiate settlements when a child victim is a client. We are prepared to sue a teacher or school if the law allows. Contact us at (404) 529-3476 to schedule a free, private consultation.