At the Cifarelli Law Firm, we understand that schools should be safe havens for learning and growth, not places of fear. Unfortunately, the reality is that incidents of molestation within educational institutions are a distressing possibility, and addressing these incidents with the seriousness they deserve is crucial to protecting our children and upholding justice. With decades of experience in handling sensitive cases of child abuse, our dedicated legal team in Santa Ana and Orange County is committed to providing compassionate and comprehensive legal support to the victims and their families.
Protecting Children, Demanding Accountability
Our lawyers bring virtually unmatched experience and advocacy to bear in child abuse and molestation cases. Such cases can occur in one or more of the following contexts:
- Teachers molesting students
- Coaches abusing children
- Administrators assaulting youth
- Clergy members exploiting children
- Neighbors molesting children
- Relatives molesting children
- Foster parents abusing minors
- Children assaulting other children
School Injury Attorneys Protecting Your Child
Some adults who work with or gain access to children on a regular basis receive a level of trust from those children and their parents that is, unfortunately, not always deserved. When the unthinkable happens, it can cause lifelong harm and create complex legal challenges. We understand the damages that can result in such cases, and we know how to master the legal hurdles that follow such incidents.
Tom Cifarelli is highly experienced in representing victims of child abuse, pornography and molestation. He has written and lectured extensively in this area and has represented numerous victims in such cases, obtaining tens of millions of dollars in compensation for them. If you or your child has been sexually molested or abused by a teacher, administrator, coach, clergy member or neighbor, contact us to discuss your options for obtaining compensation.
How Common is Child Molestation in Schools?
There are few absolute statistics on how many children are sexually molested or assaulted in schools. To make gathering data even more complicated, many victims of sexual molestation in schools do not come forward. However, we do know that one in seven girls and one in 25 boys will be sexually assaulted before they turn 18. We also know that student-on-student assault is more common than abuse from adults.
Regardless of the perpetrator, victims of childhood sexual abuse deserve protection, representation, and justice. If your child has been assaulted or molested in school, please get in touch as soon as possible to schedule a free case review and learn how we can help.
What are Some Signs of Child Molestation in Schools?
Signs of childhood sexual abuse include, but are not limited to:
- Behavioral Changes, including regressive behavior, overly sexual behavior, self-isolation, keeping secrets, and self-harm.
- Emotional Changes, including worry or fearfulness, loss of interest in activities, increased aggression, and decreased self-confidence.
- Physical Indications, such as bruises on hips or around genitals, vaginal or anal bleeding, and sexually transmitted disease.
Taking action immediately is essential if you suspect your child is being abused or molested. Call our office today to schedule a free case review. We are here to protect your child and fight for the justice your family deserves.
How Long do I Have to Take Legal Action?
In California, victims of childhood sexual abuse can file a civil claim against their abusers well into adulthood. Until December 31st, 2022, victims of childhood sexual abuse could file a claim regardless of how long ago the abuse took place. After that date, victims have 22 years following their 18th birthday or five years from the date they are diagnosed with a psychological disorder stemming from childhood abuse.
No matter how long it’s been. If you were abused as a child, we are here to listen to your claim and help you determine the best course forward. Call our childhood sexual abuse lawyers today to schedule a free case review and learn more.
Does “Age of Consent” Matter in School Molestation Cases?
The age of consent in the state of California is 18. However, even when 18 years or older, students who are sexually exploited, intimidated, or molested by teachers are entitled to take legal action. If you are over 18 and suspect you have been the victim of molestation, we are here to listen to your story and help you determine the best course forward.
Is Molestation More Common in Public or Private Institutions?
The sexual molestation of children is possible in both public and private school settings but is perhaps more common in boarding schools and has become shockingly common at private religious institutions. However, the ownership of the location where abuse takes place does not matter. When a child is molested or abused at school, they are entitled to seek justice through legal action.
Recognized Advocates for Sexual Abuse Victims
Our lawyers are committed to upholding the rights of and obtaining fair compensation of child abuse victims. We pursue civil liability cases against institutions such as schools, youth organizations and churches to hold them responsible for failing to adequately supervise the behavior of their staff and ensure the welfare of the children in their care.
Strength and Experience When You Need It Most
Attorney Thomas A. Cifarelli is widely recognized as one of the leading attorneys on behalf of victims of child abuse and molestation. He has written extensively on the subject and has lectured throughout the country to attorneys, educators and others responsible for supervising children. He has successfully litigated and settled many major child sexual abuse cases involving school districts, the clergy, youth organizations, foster care systems, and others, winning several record-setting victories for victims and recovering tens of millions of dollars for those abused by others. Mr. Cifarelli and his relevant case involvement have been featured in many magazines and news articles.
Legal Rights and Protections for Victims
Victims of molestation in schools and their families are afforded specific legal rights designed to protect their privacy and ensure fair compensation for the trauma endured. Key rights include:
- Confidentiality: The identity of minor victims is protected during legal proceedings to prevent further trauma and public exposure.
- Right to Compensation: Victims have the right to seek compensation for damages, including medical expenses, psychological counseling, and pain and suffering. In some cases, punitive damages may also be awarded to deter future misconduct.
- Protection During Testimony: Special measures, such as testifying via closed-circuit television or having a support person present, can be used to minimize the stress of the legal process on the child.
- Speedy Resolution: Courts often prioritize cases involving minors to reduce the emotional strain on the child and to provide timely resolution.
Understanding and exercising these rights can be pivotal in protecting the victim's well-being and ensuring that justice is served.
Steps to Take if You Suspect Molestation
If you suspect a child is being molested, taking immediate and appropriate action is critical. Here is a step-by-step guide to follow:
- Speak to the Child: If you suspect molestation, gently ask the child open-ended questions to understand the situation better without leading or pressuring them.
- Document Everything: Keep a detailed record of what the child says and any physical or behavioral signs of abuse you've noticed. Do not attempt to collect physical evidence yourself.
- Report the Incident: Contact the local child protective services or the police to report your suspicions. They are equipped to handle the situation with the necessary discretion and expertise.
- Seek Medical Attention: Arrange for the child to have a medical examination, ideally by a professional trained in identifying abuse. This step is crucial for the child’s health and as legal evidence.
- Consult a Child Psychologist: Psychological support is crucial for helping the child deal with trauma and begin the healing process.
- Contact a Lawyer: Consult with a specialized attorney (like Mr. Cifarelli) who can guide you through the legal process and help safeguard the child's rights.
Role of Schools in Preventing and Responding to Molestation
Schools have a legal and ethical responsibility to protect students from molestation and abuse. Failure in these duties not only jeopardizes the safety of students but also exposes educational institutions to legal action. Here are key areas where school negligence can strengthen a case against them:
- Inadequate Staff Training: Schools must provide regular and comprehensive training to all staff members on how to recognize signs of abuse, handle disclosures safely and respectfully, and understand the legal implications of molestation. Lack of such training can be seen as negligence.
- Lapses in Background Checks: It is crucial that schools conduct thorough background checks on all employees and volunteers. Any failure to do so, or ignoring red flags in an individual’s history, can significantly impact the institution's defense.
- Deficient Reporting Protocols: Schools are required to have clear, accessible procedures for reporting abuse. These protocols must ensure confidentiality and prompt action. Cases where schools fail to follow or enforce these protocols can lead to claims of institutional negligence.
- Ineffective Enforcement of Policies: Simply having policies is not enough; schools must actively enforce them. Inadequate supervision or ignoring policy violations (such as allowing staff to be alone with students in closed settings) can be cited as negligence in legal proceedings.
- Failure to Act on Previous Complaints: If a school has received complaints about an individual or situation and failed to take appropriate action, this history can be used to demonstrate a pattern of negligence, significantly strengthening a victim's case.
We know you have many questions and we would be happy to schedule a free and confidential initial consultation to discuss your concerns. Contact us to get help from experienced and compassionate attorneys. Please contact our law firm at (949) 502-8600.
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