NYC School Sexual Abuse Lawyer

Common Types of Sexual Abuse at New York Public Schools

Abuse at public schools may include:

• Exposure to pornography
• Leering 
• Sexual comments
• Nonconsensual touching
• Rape

Sexual predators can include teachers, coaches, bus drivers, and other students. Civil lawsuits regarding sexual abuse in schools focus on the school’s failure to supervise its employees and other students. 

Holding a student’s parents responsible may also be possible in cases involving other students. 

How Does the NYC Child Victims Act Affect My School Sexual Abuse Claim?

On February 14, 2019, Governor Cuomo signed a new law called the New York Child Victims Act. It expanded options for those pursuing civil claims in childhood sexual abuse cases. 

Essential provisions included: 

• Expanding the statute of limitations to a victim’s 55th birthday.
• Allowing survivors to bring criminal charges against an offender until the victim’s 28th birthday.
• Adding a one-year lookback period where abuse survivors could file a suit, regardless of their age or missing the statute of limitations (This period expired on August 1, 2021).

Anyone can file a claim under the act if they survived sexual abuse as a minor and suffered physical, emotional, or psychological trauma. It includes victims who previously filed a lawsuit but had it dismissed due to an expired statute of limitations. 

The law includes all claims, including those against organizations with heightened accessibility to children, like public schools, the boy scouts, and the Catholic Church. It expands the class of people eligible to file lawsuits, which allows more people to hold their abusers accountable. 

How Common Is Sexual Abuse at New York City Public Schools?

There aren’t many reliable sources reporting sexual abuse in NYC public schools. But national sources show there is a trend, and New York has shortcomings regarding school sexual abuse. 

Data from the U.S. Department of Education’s Office for Civil Rights revealed 14,938 incidents of sexual abuse in K-12 schools in 2017 and 2018. This number was a 55% increase from 2015 to 2016, when reports showed 9,649 incidents. 

New York isn’t immune from these national resources. The New York Department of Education paid out a $700,000 court settlement after ignoring reports from students who survived sexual assault. Offenses included verbal abuse, groping, and rape. 

Signs of Sexual Abuse at School

If you suspect your child is being abused at school, you may notice the following:

• Angry outbursts
• Reluctance to go to school or be alone with certain individuals
• Fits connected to school activities or taking the school bus
• Withdrawing from friends, family, and favorite activities
• Nightmares and sleeping difficulty
• Depression
• Anxiety
• Secretive behavior, including reluctance to talk about school
• Inappropriate sexual knowledge for their age

You may also notice physical symptoms in younger children:

• Swelling, bleeding, or bruising in anal or genital areas
• Blood in urine

Older children manifest abuse symptoms differently.

Watch for sudden changes in your preteen or teenager’s behavior, including:

• Isolation from friends and loved ones
• Substance use and abuse
• Sudden onset depression or anxiety
• Self-harm, cutting, or thoughts of self-harm
• Outbursts and defensive behavior
• New friends
• Eating disorders

No matter their age, children can recover from sexual abuse if they receive treatment and have a support system.

If they don’t receive this intervention, they will likely face long-term effects that may include:

• Sexual dysfunction
• Inability to trust or form relationships
• Post-traumatic stress disorder (PTSD)
• Failure to hold jobs or meet life goals

Can an NYC School Be Sued for a Sexual Abuse Act that Occurred Outside of the School Premises?

Yes. Schools can face liability for acts occurring outside their premises. 

These acts may occur with activities like field trips, away games, and tournaments. Many sexual assault incidents occur on school buses or hotels hosting players and events. For example, a high school sports coach was held responsible for taking advantage of students in their hotel room. 

Generally, sexual predators take advantage of whatever opportunity presents itself. When students are away from home and in unfamiliar environments with less supervision, they are more likely to suffer sexual assault from adults entrusted with their care or from other students. 

It’s up to the school to screen employees and coaches and act on sexual abuse reports regarding student offenders. When it fails to do so, the school can face liability. 

Holding Liable Parties Accountable for Their Abusive Actions

Sexual abuse is a heinous act punishable by prison sentences, fines, and restitution in the criminal law system. In civil law, predators and institutions that enabled them can face monetary liability for injuries. 

When you file a civil suit against a school for sexual abuse perpetuated on your child, an experienced NYC sexual abuse attorney can help you recover the following types of damages. 

Medical & Psychological Treatment Expenses

The damage from sexual abuse is often physical and psychological. Victims of sexual abuse may need medical treatment to recover from sexually transmitted infections, general infections, and physical injury. 

Mentally, victims may feel anxious and unable to focus on day-to-day activities. Once beloved sports and competitions now produce terror at the mere thought. Counseling and trauma therapy can help your child move forward and enjoy activities again. 

Proceeds from a child sex abuse lawsuit can reimburse: 

• Hospitalization costs
• Medical expenses
• Psychological treatment and counseling costs
• Surgery bills (to repair physical injuries or disfigurement)

Lost Wages

You may miss work from helping your child navigate their new normal. It takes time to find medical and psychological treatment and file school, police, and child protective service reports. 

Older children with part-time jobs may also miss work or lose their job during their mental and physical recovery. 

We can show these damages by comparing pay statements from before and after the abuse incident. If you or your child lost a job due to the abuse, we can file for future lost earnings. 

Relocation Expenses

Your child’s pain may be so intense they can’t live in their current neighborhood or attend the same school anymore. Moving expenses, fees for changing school districts, or private school tuition may be recoverable in a civil lawsuit. 

Pain and Suffering

Many impacts of sexual abuse are non-tangible. Documenting medical expenses, relocation costs, and lost wages is easy. It is less simple to show pain and suffering from bad memories, anguish, and diminished quality of life. 

Pain and suffering damages for survivors of sexual abuse may include:

• Bad memories from the incident
• Disfigurement impacts
• Mental or physical disability arising from the assault
• Loss of life enjoyment
• Reputation damage
• Loss of companionship with family and friends

Since these are emotional damages, they are more challenging to prove. Journal entries, counseling notes, and testimony usually document pain and suffering, making it easier to obtain damages. 

Punitive Damages

Punitive damages punish the school or offender in egregious cases. They are appropriate for extreme negligence or wanton, willful, or malicious conduct. For example, punitive damages may be awarded if a school continually ignores sexual assault complaints or knowingly hires a registered sex offender. 

However, these damages carry a high burden of proof. They may apply if:

• A jury awards the plaintiff damages for medical expenses, emotional injury, lost wages, or pain and suffering.
• The defendant can pay punitive damages.
• The defendant’s act or omission was severe and egregious against the plaintiff.
• The plaintiff proves these factors using clear and convincing evidence.

Many people assume all civil claims end in punitive damages. However, they are uncommon and difficult to establish unless your case is especially outrageous. 

How Can an NYC School Sexual Abuse Lawyer Help?

If you or someone you know has been the victim of sexual abuse at private or public school, you may be wondering how an NYC school sexual abuse lawyer can help. The answer is simple: by fighting for your rights and ensuring that you receive the compensation and justice that you deserve.

At our law firm, we understand the pain and suffering that survivors of sexual abuse go through. We will fight tirelessly to get you the compensation you deserve, and we will make sure that your attacker is brought to justice.

Our sexual abuse attorneys help you by: 

• Conducting a thorough investigation into your claim, including reviewing reports, interviewing witnesses, and finding who is responsible.
• Determining liable parties, including school bus contractors, offending individuals, schools, or their administrators.
• Help you determine criminal charges to press.
• Preserve evidence in case your child wishes to file a lawsuit or press charges then they’re an adult.