California School System Sexual Abuse Lawyer

Maison Law stands with sexual abuse survivors, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

What is Considered Sexual Abuse in California Schools?

While the environment within a school prioritizes safety and learning, the reality is that it also serves as a gathering place for thousands of different people on a daily basis. This, unfortunately, means that the opportunity for sexual abuse and misconduct is quite ripe. That said, schools in California are legally required to take measures that prevent all kinds of this and other forms of abuse and misconduct.

Under the California Education Code, sexual abuse within a school is defined as any act of:

• Sexual assault
• Sexual battery
• Sexual exploitation
• Sexual harassment
  
  

This can cover a variety of different acts and behaviors, such as:

• Non-consensual sexual contact or penetration
• Situations where a school employee uses their position of authority to engage in sexual behavior with a student.
• Unwanted sexual advances, comments, or gestures that create a hostile environment or interfere with a student’s ability to learn or participate in school activities.
  
  

Sexual abuse usually has short- and long-term effects on survivors, from ongoing health issues to severe emotional and psychological damage that makes it difficult for them to maintain a normal life.

However, when sexual abuse happens inside the relative safety of a school, it can do even further damage. That’s why it’s important to understand the underlying causes that lead to sexual abuse in schools so that you and your children can remain vigilant.

What Factors Cause Sexual Abuse in California Schools?

When it comes to the underlying causes of sexual abuse, California schools aren’t so different from other institutions where sexual abuse is a problem. In short, there are a number of different causes that can lead to sexual abuse, many of which are present in California’s various school systems. These include:

• Power imbalances – Often, sexual abuse in schools occurs when someone in a position of power takes advantage of a student who is vulnerable or dependent on them. This power dynamic can exist between students, or between a student and a teacher or other staff member.
  
  
• Lack of education and training – In some cases, school staff members may not be adequately trained to recognize and respond to sexual abuse or be unaware of school policies and procedures related to preventing sexual abuse.
  
  
• Failure to investigate complaints – If a student reports sexual abuse or misconduct to school administrators, but no action is taken to investigate the matter or protect the student, the perpetrator may feel emboldened to continue their abusive behavior.
  
  
• Lack of accountability – When school administrators fail to hold perpetrators accountable for their actions, either through legal action or through disciplinary measures, it can send a message that sexual abuse is acceptable or tolerable.
  
  
• Cultural and societal factors – Finally, broader cultural and societal factors, such as normalized sexual objectification, can contribute to a culture in which sexual abuse is more likely to occur and less likely to be taken seriously.
  
  

Not only should schools take proactive steps to prevent sexual abuse and to respond promptly and appropriately when allegations of abuse arise, but they should also take steps to fix these underlying causes. Failing to do so only adds to incidents of sexual abuse.

What Should Survivors Of Sexual Abuse In California Schools Do?

While students have blanket legal protection from sexual abuse in California schools, it, unfortunately, doesn’t always keep abuse from happening. As such, students that are survivors of sexual abuse need to be aware of what they can do when abuse is occurring so that they can hopefully put a stop to it. Some common steps include:

• Report the abuse – If you feel comfortable doing so, report the abuse to a trusted teacher, counselor, or administrator at your school. Schools have a legal obligation to investigate and address allegations of sexual abuse.
  
  
• Seek medical attention – If you have been physically harmed as a result of the abuse, seek medical attention as soon as possible. Medical professionals can document your injuries and provide treatment.
  
  
• Contact the police – If you have been sexually assaulted or raped at school (or anywhere else), it is important to contact the police immediately. The police can investigate the crime and provide protection from the perpetrator.
  
  
• Seek emotional support – Sexual abuse can have severe and long-lasting emotional effects for many survivors. In these situations, seeking support from a trusted friend, family member, or mental health professional is important.
  
  

All of these are important steps for survivors to take. Not only does it place the school and its leadership on notice that illegal abuse is occurring, but it also means that they will then have to take steps to stop the abuse from happening.

While the effects of abuse can’t be undone quickly, taking action is a way that you, as a survivor, can reclaim some control over the situation. Another important step in that process is contacting our team of experienced California sexual abuse lawyers and learning more about your legal options.

Legal Options For California School Sexual Abuse Survivors

Fortunately, survivors of sexual abuse in California school systems have a number of legal options available to them to combat the abuse. On top of filing criminal charges, which could see the abuser fined and sent to jail, you can also have administrative and civil options to hold the school accountable.

• Administrative complaint – Survivors can file a complaint with the California Department of Education or other relevant administrative agencies. This can result in an investigation of the school district and potentially lead to changes in policies and procedures to prevent future abuse.
  
  
• Title IX Complaint – Title IX is a federal law that prohibits sexual discrimination in school systems. Filing a Title IX complaint will also trigger an investigation into the sexual abuse and discrimination you are experiencing. Further, Title IX has the federal government’s resources, so they can potentially delve deeper into any issues with a more thorough investigation.
  
  
• Civil lawsuit – Probably the most practical step is to file a civil lawsuit against the school district and your abuser. This will allow you to recover specific compensation relating to your abuse, such as payment for your medical expenses, costs relating to the emotional distress and pain you suffered, as well as damage to any property. In addition, sexual abuse cases can also result in punitive damages to the school system, which is extra compensation awarded on top of these other damages because of the school’s negligent and reckless treatment of you.
  
  

Statute of Limitations

California legislators have made positive strides against the stigma of sexual abuse by passing three laws related to the statute of limitations for filing a sexual abuse claim:

• Assembly Bill 218 (AB 218) – Child Victims Act – AB 218, also known as the Child Victims Act, enables individuals to file claims until turning 40 or within 5 years of discovering the injury related to your abuse.
  
  
• Assembly Bill 2777 (AB 2777) – Sexual Abuse and Cover-Up Accountability Act – AB 2777 addresses sexual abuse or assault claims with covered-up details, reopening claims from survivors dating back to January 1, 2009. Survivors can file until December 31, 2026, if the statute of limitations has expired or if the assault occurred after turning 18 with concealed details. Importantly, this law doesn’t apply to public entities (like county or city school districts), but would apply to private schools and institutions.
  
  
• Assembly Bill 452 (AB 452) – Justice For Survivors Act – AB 452, the Justice For Survivors Act, removes the statute of limitations for sexual abuse incidents after January 1, 2024.
  
  

Dedicated Support From Experienced California Sexual Abuse Lawyers

Suffering sexual abuse in a school is almost unthinkable, yet is also an ongoing issue for many California students. This leaves them feeling targeted and alone.

At Maison Law, we want you and other survivors of sexual abuse to know that you’re not alone. Our team of experienced and dedicated California sexual abuse lawyers will help you hold schools accountable by providing expert legal guidance. Whenever you are ready to take the first step toward healing and recovery, contact us to set up your free, no-obligation consultation