The abuse of any public school student at the hands of an adult who works within the school system should not be tolerated. Sexual abuse or assault is an egregious crime, and offenders should be prosecuted for their actions. In addition, abuse survivors and their families can file civil lawsuits against offenders.
Also, in some cases, victims may sue the school, district, or other liable parties that enabled, failed to prevent or covered up the offenders’ misconduct. The Las Vegas public school sexual abuse lawyers at Greenberg Gross LLP fight for the rights of abuse survivors and can help them pursue monetary damages for their losses.
Child Abuse and Sexual Abuse Defined
NRS §432B.020 defines abuse or neglect of a child as:
- Non-accidental physical or mental injury
- Sexual exploitation or abuse
- Mistreatment of a child “caused or allowed by a person responsible for the welfare of the child.” Those responsible for a child’s welfare can include any employee or volunteer at a public school.
Child sexual abuse may include, but is not limited to:
- Forcing a child to watch or participate in creating pornography
- Inappropriate touching
- Any other sexual contact or conduct
How a Las Vegas Public School Sexual Abuse Lawyer Can Help
Protecting the rights of sexual abuse survivors is of the utmost importance. When you have a Las Vegas public school sexual abuse lawyer from Greenberg Gross on your side, you can count on them to do the following:
- Use all available resources to investigate and confirm the abuse survivor’s allegations
- Gather evidence, such as medical records, that supports the abuse survivor’s claims
- Work to establish the offender’s liability
- Work to prove negligence on the part of the school faculty or district if they enabled the offender or otherwise contributed to the survivor’s abuse
- Work with licensed sexual abuse therapists and medical experts to prove the abuse survivor suffered mental and physical injuries
- Accurately assess total recoverable damages
- Work with the defense team to determine if they can reach a fair settlement
- Prepare for court proceedings, if necessary
- Ensure they protect the abuse survivor’s privacy and rights throughout the legal process
Who May Be Liable for a Las Vegas Public School Sexual Abuse Case?
More than one party could be liable if a student experiences sexual abuse at a Las Vegas public school. First, most abuse survivors seeking financial restitution will sue the offender as a way to hold them accountable. The survivor can do this regardless of whether criminal charges are filed.
Under civil law, sexual abuse survivors can file a cause of action against their offender for damages related to various intentional torts or wrongdoings, such as:
- Battery or any form of unlawful physical touching
- False imprisonment, or an act of restraint confining someone to a bounded area
- Intentional infliction of emotional distress, which is characterized by extreme or deplorable misconduct that causes another person emotional suffering
Clark County School District regulations address student abuse or neglect. If student sexual abuse or assault occurs, informed parties should:
- Call the Child Abuse and Neglect Hotline at 702-399-0081
- Notify the school administrator, counselor, and nurse
- Contact law enforcement
We also encourage the child’s parents to consult with a Las Vegas public school sexual assault attorney as soon as possible.
When Are Schools Liable for Child Sexual Assaults?
If an employee or volunteer’s negligence or abuse harms a child, the school may be held liable for damages. People working within the public school system who may commit a sex crime against a student include teachers, coaches, counselors, administrators, food service and custodial staff, etc. Occasionally, older students in leadership roles may prey on younger students, which may also be actionable.
However, other individuals or institutions could also be responsible, such as those who failed to prevent the abuse or covered it up after discovery. These can include the school, school district, administrators, faculty members, and other staff.
When sexual misconduct or assault occurs in a student’s school, victims have a legal right to seek monetary damages from both the school and its employees in state and federal civil courts.
How Public School Sexual Abuse and Assault Survivors Can Get Justice
Per NRS §11.190(4)(e), an adult sexual abuse or assault survivor must typically follow a two-year statute of limitations to file a civil claim after the assault occurred. However, this timeline is much longer when the victim is a minor—they have up to 20 years after they reach 18 to file a suit, per NRS §11.215.
Despite the generous statute of limitations on child sexual abuse cases, contacting law enforcement immediately after a sexual assault is essential so survivors can get the help they need as soon as possible. You do not have to pursue criminal charges to file a civil lawsuit, but doing so can provide you with leverage and work toward the end goal of having the offender punished and protecting others from suffering sexual abuse in the future.
After filing a police report, we encourage you to contact our Las Vegas public school sexual abuse attorneys at Greenberg Gross. We can help the survivor and their parents understand their rights and decide the best course of legal action to take.
A survivor can sue the offender for their injury-related losses, including medical bills, pain and suffering, emotional trauma, and more. As noted, in some instances, survivors can also sue other parties or the organization that employed the abuser for negligence. At Greenberg Gross, we use all legal measures to ensure the abuse survivor’s identity and privacy are protected from the public.
Start Building Your Case With a Las Vegas Public School Sexual Abuse Lawyer Today
Public school administrators, faculty, and staff have a duty to protect the safety of their students and oversee their care. Offenders and any other parties who enable or conceal sexual abuse perpetrated on a student should be held accountable for the victim’s losses.
If you or your child experienced sexual abuse at school, the Las Vegas public school sexual abuse attorneys at Greenberg Gross LLP could help you determine who to hold accountable and file a lawsuit against those parties. Furthermore, we promise to pursue justice so your family can focus on healing. Please contact us today for a free consultation and find out how we can help you seek the financial restitution and justice your family deserves.