Child sexual abuse is a significant but preventable public health issue that is prevalent throughout our nation. Schools, religious institutions, sports clubs, and youth organizations have been under fire due to concealing these crimes and protecting the alleged abusers. The United States Department of Education surveys nearly all of the public schools in our nation (97,632 schools) for reports of sexual violence. In their Civil Rights Data Collection, they reported 14,938 incidents of sexual violence in the 2017-2018 school year. Those statistics were a 55 % increase from the prior school year.
Although nothing can erase the devastation of a school sexual assault, the damages incurred deserve restitution through a civil lawsuit. At the Michael Brady Lynch Firm, our personal injury attorneys know that being a victim of sexual abuse is overwhelming for the child, the parents, and the community. We believe in seeking justice by holding those responsible for negligent or purposeful acts.
Adverse Childhood Experiences
The Center for Disease Control and Prevention categorizes the sexual abuse of minors as an adverse childhood experience that affects 1 in 4 girls and 1 in 13 boys. Adverse childhood experiences endured before adulthood become underlying root causes of various pervasive physical and psychological issues plaguing victims throughout their lives.
Traumatic events of childhood sexual abuse result in short- and long-term consequences such as chronic disease, physical injury, mental health disorders, substance abuse, behavioral issues, and financial instability due to poor educational and work histories. Survivors have an increased risk of re-victimization for sexual and non-sexual partner violence.
Minors Victimized in Loudoun County, Virginia Schools
Two highly publicized sexual abuse cases of victimized students occurred in the Loudoun County Public Schools in Virginia this year. At the Stone Bridge High School, on May 28th, a teenage transgender boy forcibly sodomized a ninth-grade student inside a bathroom. After being arrested, charged, and released from juvenile detention, that same teenage predator was transferred to Broad Run High School.
At that location, the same transgender boy sexually assaulted another teenage girl inside of a classroom. The alleged perpetrator is now in juvenile detention, awaiting both cases to be heard before a judge. Angry parents are voicing outrage that school officials were not transparent about the sexual violence and failed to provide a safe environment for their children.
It is not the first time a student was allegedly abused in a classroom at a Loudoun County School. A civil lawsuit was filed, seeking more than $10 million in damages, on behalf of an alleged female victim. The plaintiff claims that during the 2017-2018 school year, a teacher at Trailside Middle School raped a child in a locked classroom. The teacher was not charged criminally. However, the civil lawsuit is pending.
Who is Liable?
In addition to the perpetrator, third parties may be held accountable for negligence in failing to protect victims of sexual abuse. Some examples are:
- Institutions, organizations, and administrators
- Employers for negligent supervision and hiring known sexual offenders
- Property owners for failure to provide adequate security
- Mandated reporters failing to report a sex crime
- Any government entity that failed to respond to a suspected abuse
- Any person or entity that aided or encouraged the act
Child Sexual Abuse Laws in Florida
Many children are fearful or embarrassed to report sexual abuse and are plagued by memories of the abuse into adulthood. To provide an opportunity for compensation and closure for sex abuse victims in Florida, Governor Ron DeSantis signed “Donna’s Law” into effect in June 2020. This law eliminates the statute of limitations for sexual assault against minors. Florida Statutes 39.307 and 39.201 govern the reporting of sexual abuse of a child, juvenile sexual abuse, and reporting of a child who has exhibited inappropriate sexual behavior.
How Can We Help?
If your child was the victim of sexual abuse, it is crucial that you know your legal rights and options. The Michael Brady Lynch Firm is a dynamic, complex litigation legal team that is passionate about justice. A victim of child sexual abuse may be entitled to compensation for short- and long-term medical care, psychological counseling, pain and suffering, emotional distress, and punitive damages.
Contact the Michael Brady Lynch Firm today for a no-obligation consultation with a nationally recognized personal injury attorney with proven results. Our office is located in Winter Park, Florida. Call today at (888)585-5970.
Sources:
https://www2.ed.gov/about/offices/list/ocr/docs/sexual-violence.pdf
https://www.cdc.gov/violenceprevention/childsexualabuse/fastfact.html