Teacher Sexual Assault Lawyer Oakland, CA

We trust teachers to educate our children, encourage them, and help them achieve their best. When a teacher takes advantage of their position and sexually assaults a child – or even teachers who assault adult students in a collegiate setting – the victim suffers a ripple effect of trauma. Survivors of sexual assault perpetrators have more rights than many realize, including the right to demand redress of damages in civil court.

An Oakland, CA, teacher sexual assault lawyer from Kellogg & Van Aken LLP can help you learn whether you’re eligible to file a suit against the teacher who assaulted you, as well as whether the school system can be named as a defendant in the case. We answer your questions, provide compassionate answers and advice, and help you make your voice heard. We offer a free initial consultation, so please call us today.

How Can An Oakland Teacher Sexual Assault Lawyer Help Me?

We trust our children to teachers most of the day and hope they will be safe and protected. When a teacher sexually assaults a minor child, it’s s crime. When a teacher assaults an adult student, that, too, is a crime. We hope that the perpetrator will see many years behind bars, but many victims don’t realize that they have more avenues in the California legal system to pursue justice beyond testifying in a criminal trial.

A teacher who assaults a student should be held accountable for all the losses and suffering the student suffered. Families who have a minor child who a teacher abused may have suffered considerable out-of-pocket financial losses because of the crime, from medical treatment to therapy and even the time parents miss from work to care for a child who is afraid to go to school. You deserve to be compensated, and it’s our role to help you demand it.

Your Rights For Compensation As A Sexual Assault Survivor

The teacher is the one who committed the crime against you or your child, but in many cases, the crime may not have occurred if the school you attended hadn’t been negligent in creating a condition where an assault was likely. Our attorneys hold the perpetrator accountable, and the school and school system are responsible for the harm you suffered. We can help you file a suit for damages, including your out-of-pocket losses, for care and consideration for the emotional trauma and, pain and suffering from the assault.

Reach Out To An Experienced Sexual Assault Lawyer

If a teacher has sexually assaulted you or your child, you have the right to demand fair compensation for all of your losses, economic and non-economic. We aim to protect your rights, shield you as you pursue justice, and fight hard to ensure you are fairly compensated.

The legal team at Kellogg & Van Aken LLP is beside you from your initial free consultation through the resolution of your claim. Please call us today for a free consultation with a compassionate Oakland teacher sexual assault lawyer.

California’s “Look Back” Law – What Sexual Abuse Survivors Need To Know

California’s Assembly Bill 218 (AB 218) is a significant piece of legislation aimed at providing justice for survivors of sexual abuse. Enacted in January 2020, AB 218 extends the statute of limitations for civil lawsuits related to sexual abuse, offering survivors more time to seek legal recourse and hold perpetrators accountable. It’s referred to as the “look back” law, as it extends the statute of limitations for reporting sexual abuse. If you suffered abuse as a child or teen, contact an Oakland, CA, teacher sexual assault lawyer from out firm to discuss your eligibility and options under the new law.

Understanding The Statute Of Limitations

In legal terms, the statute of limitations is the maximum time period allowed for bringing a lawsuit after an incident occurs. Before AB 218, California had a relatively short statute of limitations for civil claims related to sexual abuse. This often meant that survivors, who might take years to come to terms with their experiences or find the courage to come forward, could be barred from pursuing legal action if they waited too long.

Key Provisions Of AB 218

AB 218 significantly changes this by extending the timeframe for filing civil lawsuits. Now, survivors of sexual abuse now have until the age of 40 to file a civil lawsuit, or within five years of discovering the abuse, whichever is later. This extension provides survivors with more time to seek justice, especially if they were abused as children or if the trauma delayed their decision to come forward.

The law also includes a “look-back window” that allows survivors to file lawsuits for abuse that occurred even decades ago, as long as the abuse occurred before January 1, 2020. This provision is crucial for those who had been previously barred from legal action due to expired statutes of limitations.

AB 218 removes the immunity that previously protected public entities and their employees from being sued for certain types of sexual abuse claims. This change allows survivors to hold government agencies accountable if the abuse occurred within institutions such as schools or other public entities.

Why AB 218 Matters

AB 218 is a landmark law for several reasons:

• Empowering Survivors: By extending the time to file a lawsuit and allowing for previously barred claims, the law empowers survivors to seek justice on their own terms. This can be crucial for healing and accountability, as many survivors may need time to process their trauma and decide to pursue legal action.
• Accountability for Institutions: The law ensures that institutions, including public entities, are held accountable for their role in enabling or failing to address sexual abuse. This can lead to better protection measures and reforms within organizations.
• Encouraging Reporting: With a longer window for legal action, survivors may feel more encouraged to report abuse, knowing they have the time to build their case and gather necessary evidence.

Legal Assistance And AB 218

AB 218 represents a significant advancement in the fight for justice for survivors of sexual abuse. It offers more time for legal action, revives old claims, and holds institutions accountable, making it an important tool for achieving justice and supporting survivors in California. If you or someone you know is considering taking legal action under AB 218, call Kellogg & Van Aken LLP today to speak with an experienced Oakland teacher sexual assault lawyer in a free case review.