NYC School Sexual Abuse Attorneys
Sexual abuse has no place in any school in the United States. Unfortunately, parents must be extremely diligent when searching for a school for their child out of fear that a member of the staff could be a sexual predator. If you or a family member was sexually abused by an employee of a school, contact an experienced NYC school sexual abuse attorney.
The NYC legal team at Sullivan & Galleshaw, LLP, recognizes the lifelong harm that can result from a child experiencing sexual abuse, and we are here for you. Our firm will help you pursue a sexual abuser for the compensation you deserve for the trauma you suffered. To schedule a free case evaluation, contact Sullivan & Galleshaw, LLP at (718) 843-0300, or contact us online.
Liable Parties for School Sexual Abuse in NYC
Sexual abuse is a terrible crime that has affected thousands of children in New York City. Incidents of sexual abuse often occur because an adult took advantage of a trusting relationship they shared with a child. As a school will be filled with children of all ages, it is one of the preferred places to hide for sexual predators that seek to impersonate an educator in order to prey on children.
When an abuser commits illegal sexual acts against a child, there is a question of who could be held liable for the actions of the abuser. While it is clear that the survivor of abuse should pursue a claim against the abuser directly, the institution that employs the abuser can also be held liable for their terrible crimes. In some cases, a claimant may have no choice to file a lawsuit against the institution if the abuser passed away or could not be located.
An educational institution could be held liable for the crimes of an employee under several circumstances. For example, if an abuser used their position as a coach to sexually assault players in the locker rooms, this action could be attributed to the school as it occurred within the scope of their employment. This is referred to as vicarious liability, and it usually triggers when an employee is negligent or commits a crime while working for their employer.
A school may also be held liable for the actions of an employee if they failed to take any steps to prevent sexual abuse or did not act when alerted to allegations of sexual abuse. For example, if a student complained that a teacher attempted to fondle their genitals, the institution should at least investigate the claim. Instead, some institutions may fail to take action, which can lead to other incidences of abuse.
Alternatively, an institution may actively try to conceal or eliminate evidence of sexual abuse within their organization. This could be accomplished by transferring a teacher to a new school where parents are unfamiliar with the allegations against the teacher or by temporarily suspending the teacher until tensions cool. As a result, this could make the abuser and the institution liable for incidents of sexual abuse.
To learn more about filing a lawsuit for sexual assault, you should continue reading and speak with an experienced NYC sexual assault lawyer as soon as possible.
Statute of Limitations for Sexual Abuse Lawsuits in NYC
If you were sexually abused by staff at an educational institution in NYC, it is vital to know about the statute of limitations for sexual abuse lawsuits if you wish to file a claim. Before the Child Victim Act (CVA), the State of New York would only permit a brief period of one to five years for a survivor of abuse to file a lawsuit against their abuser. However, once the CVA was passed on February 14, 2019, survivors of abuse were given another chance to face their abusers.
The CVA increases the statute of limitations for sexual abuse lawsuits until the survivor of abuse reaches the age of 55. Additionally, the CVA also renews cases that were previously barred by the statute of limitations.
Specifically, the CVA offers claimants a one-year window to file their lawsuit in NYC if the filing deadline for their case had already expired. The one-year filing renewal began to run on August 14, 2019. This is invaluable, as many victims of sexual abuse may have trouble speaking about incidents of sexual abuse. As a result, the filing deadline for their claims would expire while they were still coping with the traumatic effects of their sexual abuse.
The CVA also allows claimants to file a lawsuit against public and private institutions without requiring notice of intent to sue.
Our Skilled NYC School Sexual Abuse Lawyers Are Here for You
If you or a family member is a survivor of sexual abuse, consult with an experienced NYC school sexual abuse lawyer today. At Sullivan & Galleshaw, LLP, we have fought for residents of New York City for decades, and we would be honored to help you stand against your sexual abuser. To schedule a free legal consultation to discuss your potential claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300.