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Can I sue the school for my child’s sexual abuse?

On Behalf of | Oct 7, 2024 | Childhood Sex Abuse |

You find out about your child’s experience in school, and after you hear about it, you immediately go to the school and inform them of what happened. The school administration refuses to acknowledge the report and mentions your child’s carelessness in actions that caused the issue. You decide to sue the school for negligence and callousness in handling this situation.

 Will the law support my claim should I decide to sue the school?

In New Jersey, several statutes address child sexual abuse, specifically in the school setting. They include:

  • Adhering to Erin’s law: All school districts should include discussion on age-appropriate sexual abuse and assault awareness as well as prevention for grades PreK to twelve.
  • Following Safe-child standards: Developed by the New Jersey Partnership to Prevent Child Sexual Abuse, these standards include guidelines for organizations like schools to create safer environments for children.
  • Implementing Mandate Reporting: Involves all school personnel who have the responsibility of reporting any suspected case of child sexual abuse.

The laws stated here exist to protect children in school from sexual predators who decide to take advantage of them. They aim to push schools to be more proactive in educating the students on the correct response when they encounter sexual abuse.

What penalties can the school get for failing to take action?

The school can face serious penalties for not complying with the statutes by the Safe-child standards. For one, it is held liable for damages in civil lawsuits if it did not protect the child from abuse. This includes negligence in hiring, supervising and retaining employees who commit abuse. Other penalties include administrative penalties that the New Jersey Department of Education can impose and a loss of funding from the state or federal government.

Taking on an institution can be daunting, but with compassionate and aggressive legal support, you can overcome this trial and give your child justice and the means to move forward beyond the nightmare.