When we send our children to school, we trust they will be safe and protected, not preyed upon. If an educator abandons their duty of care to protect your child from sexual assault—or worse, if the perpetrator violates them, they should face justice. The ripple effects of sexual abuse in a school can haunt the victim forever. As a parent, your anger, indignation, and desire for justice to be done is understandable. We understand, and as your San Jose, CA, school sexual abuse lawyer, we’re here to make sure that any party involved in the harm done to your child is held accountable. Let us help you get the full measure of justice that California law allows.
California schools, public, private, and charter, have a duty of care for the children attending them. This includes protecting them from physical and sexual harm and harassment. When a school fails in this duty of care, they—and any educator involved—can be held liable for the harm your child suffers. The attorneys at Kellogg & Van Aken LLP have a solid track record of successfully litigating civil actions against California schools and educators guilty of sexual abuse in schools. We fight for the damages you’re owed to provide you the means to move forward and heal from the abuse. Contact us today for a free consultation.
How A San Jose School Sexual Abuse Lawyer Can Help You
When a teacher, school administrator, or any adult employed by a California school sexually abuses a minor child or fails to prevent the sexual abuse of a minor child, they can be held legally liable for the damages the child suffers, including physical and mental health treatment to help them recover, pain and suffering, and emotional trauma. We hope that the offender will face criminal charges, too; our firm handles the civil claim you are entitled to file against the perpetrator, the school, and the school district.
We know that no amount of money can undo the harm that was done to your child. A civil suit can still help you get justice, though, by:
- Putting the offense on public record, including naming the abusers and their crimes
- Alerting other families about the negligence of the school and school district, including failure to do due diligence in hiring and supervision, and failure to note the warning signs of abuse
- Securing financial compensation to cover your out-of-pocket expenses (medical bills, time missed at work to care for or homeschool your child, psychological therapy, etc.)
- Seeking punitive, or exemplary damages against the school system
Reach Out To A Practiced Sexual Abuse Lawyer
Our firm holds all liable parties accountable for the harm they caused. We build a case with solid evidence based on California personal injury law to pursue justice on your behalf. When you work with our firm, you can trust that we will handle all legal matters necessary to advance your claim, including interviewing witnesses, collecting physical evidence, and filing all legal matters. We also act as the point of contact for your family, shielding you from the defendant’s lawyers, insurance company, and the press.
If your child has been sexually abused at school or at a school-related event, you have the right to demand maximum compensation from all parties involved. At Kellogg & Van Aken LLP, we take your case seriously and handle it with the compassion and delicacy your child deserves. Contact us today for a free consultation with a San Jose school sexual abuse lawyer.
Types Of School Sexual Abuse Cases We Handle
At Kellogg & Van Aken LLP, we solely represent survivors of sexual abuse in a range of legal matters. These cases are deeply personal and often life-altering, and we approach each one with the care and commitment it deserves. Our goal is to hold individuals and institutions accountable while helping our clients move forward with strength and support. We have had 5 years of experience with these types of cases and our San Jose, CA school sexual abuse lawyer is ready to work with you through this difficult time.
Sexual Assault
Sexual assault in a school setting often involves unwanted physical contact or forced sexual acts. These incidents may be perpetrated by staff, other students, or third parties allowed on campus. When schools fail to protect students, the resulting trauma can lead to long-term emotional and psychological damage.
Sexual Harassment
Sexual harassment can take the form of inappropriate comments, gestures, or advances made by teachers, administrators, or peers. It creates an unsafe environment that interferes with a student’s ability to learn, perform, and feel safe in an educational space. Repeated harassment is often ignored or minimized by school officials, contributing to lasting harm.
Sexual Exploitation
Our San Jose school sexual abuse lawyer knows that this form of abuse occurs when someone uses their position of power to manipulate or take advantage of a student for sexual purposes. In schools, this can include encouraging students to share explicit images, pressuring them into compromising situations, or leveraging grades or opportunities for sexual gain. The abuse can leave students vulnerable and deeply affected.
Sexual Coercion
Sexual coercion involves pressuring a student into sexual activity using threats, manipulation, or promises of rewards. In school settings, this may come from authority figures or fellow students who abuse their influence. Victims often feel trapped and powerless, which can result in severe psychological and emotional stress.
Voyeurism
Voyeurism refers to secretly observing or recording someone in private situations without their knowledge. This can include hidden cameras in locker rooms, bathrooms, or unauthorized recordings in classrooms. The violation of privacy is deeply unsettling and can lead to embarrassment, anxiety, and mistrust of the school environment.
At Kellogg & Van Aken LLP, we take these matters seriously and stand beside survivors, ready to pursue justice and help them get therapy if they wish. If you or a loved one has experienced any form of sexual abuse at school, we’re here to help you take the next step toward holding the responsible parties accountable. Speak with us for a free consultation. Reach out to our San Jose school sexual abuse lawyer today—your voice matters, and you don’t have to go through this alone.
What To Do Immediately Following School Sexual Abuse
Our San Jose, CA school sexual abuse lawyer knows if your child has experienced sexual abuse at school, taking immediate and informed steps can help protect them and support their recovery. Your response in the first few hours and days is important—not just for their emotional well-being but also for any legal steps you may consider. We have been representing sexual assault victims for 7 years, so reach out to our firm when you are ready.
1. Prioritize Your Child’s Physical Safety. First, remove your child from the environment where the abuse happened, if possible. This may mean keeping them home from school or requesting they be placed in a different classroom. If there is any immediate danger, contact law enforcement right away. Your child’s safety must come before anything else.
2. Get Medical Care Even If There Are No Visible Injuries. Our San Jose school sexual abuse lawyer encourages you to have your child evaluated by a medical professional as soon as possible. Some injuries may not be visible, and medical providers can document any physical evidence and provide needed care. You may want to request a Sexual Assault Forensic Exam (SAFE), which can preserve evidence if legal action becomes necessary. This step can be difficult emotionally, but it is an important part of caring for your child.
3. Report The Abuse To The Appropriate Authorities. Report the incident to local law enforcement and child protective services. You may also need to file a report with the school district. These reports are necessary for starting any investigation. Be factual and direct in your report. The more specific you can be about what your child told you, the more useful your report will be.
4. Get Mental Health Support For Your Child. Your child may need to talk to a licensed therapist who has experience working with children who have experienced trauma. Early intervention can make a meaningful difference in their emotional recovery. Ask your child’s pediatrician or school counselor for referrals if needed, but make your own decision about who to trust.
5. Document Everything In Writing. Start a file with any documents related to the incident. This can include medical records, emails with the school, police reports, and your own notes. Write down what your child told you, word for word if possible, along with the date and time of the conversation. These records may help your child’s case later and also help you stay organized.
6. Limit Communication With The School Until You’ve Received Legal Guidance. It’s natural to want answers from the school right away, but it’s a good idea to speak with a lawyer before having in-depth conversations with school officials. Some schools may respond defensively or begin internal investigations that are not in your child's best interest. A legal advisor can help you avoid missteps during this stage.
7. Take Care Of Your Own Mental And Emotional Health. You may be overwhelmed, angry, or grieving. These emotions are valid. Take time to speak with someone you trust or seek professional support. Taking care of yourself puts you in a better position to support your child through the legal process and emotional healing ahead.
8. Speak With An Attorney Who Has Experience In Abuse Cases. It’s important to know your legal rights and your child’s rights under state law. An attorney can explain how to move forward with legal claims and what options are available. They can also help you deal with school officials and law enforcement if needed.
At Kellogg & Van Aken LLP, we know how difficult it is to take that first step after your child has been harmed. We can walk with you through the legal process and help you protect your child’s future. We exclusively represent survivors. If you’re ready to discuss your next steps, we encourage you to reach out to our San Jose school sexual abuse lawyer today.
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