Key Legal Questions in School Sexual Abuse Lawsuits

School sexual abuse lawsuits are some of the most difficult to litigate due to the distressing nature of child abuse.

However, they also raise challenging legal questions, such as issues of institutional liability and statutory deadlines.

These are some key legal considerations in litigating these claims.

What Privacy Protections Are Available for the Victim?

Victim privacy is an essential concern in sexual abuse lawsuits.

Public exposure could put the victim at risk of retaliation or harassment, increasing the likelihood that they will drop out of the lawsuit before receiving justice.

States typically have strong privacy protections for minor plaintiffs, such as allowing them to file under a pseudonym or redact their private information in the public record.

Some states also provide tools to lessen the impact of a trial on the plaintiff’s mental health.

For example, Illinois allows remote hearings and testimony if there is a demonstrable risk of harm to the plaintiff if they were forced to appear in person before the defendant.

A school sexual abuse lawyer can consult with a judge and file motions to protect the victim’s privacy every step of the way.

Was There Deliberate Indifference?

School lawsuits typically focus on institutional liability, as schools and academies have insurance policies that can pay for financial damages.

An individual perpetrator is unlikely to have the funds to compensate the victim fully.

To hold an institution liable, it’s often necessary to demonstrate that they were deliberately indifferent to the dangers imposed by a sexual predator.

This requires proving that the school had knowledge, or should have had knowledge, that the abuse was occurring, and failed to intervene.

Private investigators and other specialists can review documents, such as private communications, background checks, and official complaints, to assess whether there were signs of potential issues that the school failed to acknowledge or address.

Does the State-Created Danger Doctrine Apply?

The state-created danger doctrine applies when a public institution, such as a public school, takes an affirmative action that poses unnecessary risk to an individual or community.

The legal theory is that by taking this specific action, the school violated the individual’s Fourteenth Amendment right to due process.

This standard would not apply to a private school or charter school.

Cases like Kylie Ossege v. Oxford Community School District impose an additional standard: the actions taken must “shock the conscience” and go beyond simple negligence.

For example, if a student complained that a teacher sexually assaulted them, and the school reacted by putting the student in that teacher’s class again, this would shock the conscience.

Did the School Provide Title IX Protections?

Title IX is the primary non-discrimination standard that applies to any school that receives federal funding.

It prohibits discrimination based on sex or gender, which would include sexual harassment or abuse.

Schools must develop and enforce non-discrimination policies, report incidents to the Department of Education, and provide swift interventions that protect students, whether that is separating a perpetrator from the victim or firing an abusive teacher.

Private institutions often attempt to argue that they are not subject to Title IX, but the rule applies if they receive any federal funding.

If a charter school receives federal voucher funding, it would still be subject to Title IX, even if it is not its primary source of funding.

An attorney must use financial records to demonstrate that Title IX applies based on funding sources.

What Statutory Limits Apply?

Sexual abuse victims often do not come forward immediately, particularly younger victims.

They may not have been aware that what occurred to them was abuse, or they may be afraid of retaliation by the perpetrator.

This can pose challenges for legal professionals for several reasons.

The first is that the statute of limitations may have passed, depending on the jurisdiction.

While many states, such as Illinois, have removed or dramatically lengthened the statute of limitations for sexual abuse cases, many of these are not retroactive, meaning that victims who were assaulted before the lengthened deadlines may not have a claim.

However, lawyers may still be able to seek redress by applying the discovery rule.

This tolls the statute of limitations until the victim becomes aware that their injuries were connected to the abuse.

Documenting this connection can be done through mental health records, but only with the proper privacy protections to avoid unnecessary exposure of a patient’s private information.

Cases become more difficult to litigate the longer that has passed, due to lost evidence or unreliable witnesses.

This is why it is crucial that parents, educators, and society as a whole support early disclosure and prioritize sexual education that can help victims come forward.

While these cases may be difficult to litigate, they are also an essential field of legal action, as they force institutional accountability and prevent further harm.

By exploring these key legal concepts, attorneys and their clients can hold negligent parties liable and receive the necessary funds for healing.