San Francisco, CA School Sexual Abuse Lawyer

Schools are supposed to be the safest place for our children. Parents send their kids to school each day assuming that they will be cared for and protected. But schools no longer feel like the same safe space that they were a generation ago. School districts, teachers, principals, and school administration have a duty to supervise students and ensure that each student is safe. Despite this duty, there have been an alarming number of reports about sexual abuse and sexual assault in schools, including both teacher-on-student sexual abuse and student-on-student sexual assault. Our San Francisco, CA school sexual abuse lawyer at Kellogg & Van Aken LLP can help you explore your legal options if you or your child have been a victim of school sexual abuse or school sexual assault. 

What is school sexual assault or school sexual abuse?

School sexual abuse encompasses a wide range of inappropriate and harmful behaviors that occur within educational institutions. These actions can involve students, teachers, staff members, after school program educators, coaches, volunteers, or other individuals associated with the school. Speaking with a San Francisco school sexual abuse lawyer will help you understand the law surrounding school sexual abuse in California and your legal options. California law recognizes various forms of school sexual abuse including the following:

• Sexual Harassment

Sexual harassment in schools involves unwanted sexual advances, comments, or behaviors that create a hostile environment for the victim. This can occur between students or between student and school employees. 

• Sexual Assault

Sexual assault refers to any non-consensual sexual touching of another’s intimate body parts. It is important to remember that consent is not a defense to sexual assault if the perpetrator is an adult in a position of authority over a minor victim. This may be the case with school sexual assault, which often involves teachers or staff members in positions of authority over young students. School sexual assault can also occur between students. 

• Sexual Abuse

Sexual abuse and sexual assault are terms that are sometimes used interchangeably; however sexual abuse usually refers to sexual misconduct which occurs repeatedly over a period of time. 

• Grooming and Exploitation

Grooming is a manipulative process in which a teacher or other school staff member befriends and builds trust with a student with the intention of engaging in sexual abuse or sexual assault. It can involve giving a student gifts, paying them special or extra attention, giving them rides home, giving them excessive or inappropriate compliments, or calling or messaging them repeatedly on their personal cell phone or on social media. Exploitation can include blackmail, threats, or coercive tactics so that the teacher or other staff member can engage in sexual assault or sexual abuse of the student. 

• Online or Digital Abuse

With the proliferation of technology, online or digital abuse has become a growing concern. This may involve cyberbullying, sharing explicit content without consent, or online harassment within the school community. 

Students’ Right to a Safe Education

The California Constitution states that all students of primary, elementary, junior high, or senior high schools have the inalienable right to attend campuses that are safe, secure, and peaceful. School sexual abuse and school sexual assault threatens and compromises that inalienable right. All too often, adults choose to protect adults, leaving students vulnerable to sexual misconduct. 

Child Abuse and Neglect Reporting Act

California has enacted various laws and regulations to address school sexual abuse in an effort to protect students. One significant piece of legislation is the California Child Abuse and Neglect Reporting Act (“CANRA”). Under CANRA, school teachers, administrators, staff members, and other school officials are mandated reporters of child abuse or neglect. That means that if school personnel know or even suspect that a student is being sexually abused, they must report it to a child welfare agency or to law enforcement. Additionally, California schools are required to have policies and procedures in place to prevent and address sexual abuse and harassment, as mandated by Title IX of the Education Amendments of 1972. 

How can a San Francisco school sexual abuse lawyer help my family?

Experiencing school sexual assault or school sexual abuse can be terrifying and devastating for both the student and the student’s family. Survivors of school sexual abuse or school sexual assault can often feel scared to come forward for a variety of reasons, including that they are afraid they will get in trouble for speaking out, they don’t fully understand the extent of what happened to them, or they feel like what happened was their fault. Parents often wonder, “What can I do after my child has been sexually assaulted at school?” As parents themselves, the attorneys at Kellogg & Van Aken LLP understand the sensitive nature of these cases and recognize the support and understanding that school sexual abuse victims and their families may need in these circumstances. Through a confidential consultation, you can speak with a San Francisco school sexual abuse lawyer about what may happen next. We can go over your options to pursue a civil lawsuit against both the perpetrator and the school that protected them. We can explain whether you can pursue compensation for you or your child for the harm you have suffered, and your options in holding the abuser and the school district accountable for filing to maintain a safe environment for their students and failing to prevent the abuse or assault from occurring. The thoughtful and experienced school sexual abuse attorneys at Kellogg & Van Aken LLP are committed to protecting the rights of students and ensuring that teachers and school districts are providing a safe educational environment for our children. 

Contact Kellogg & Van Aken Llp to Speak With an Experienced School Sexual Assault Lawyer

If you or your child has been a victim of school sexual abuse in California, the attorneys at Kellogg & Van Aken LLP can provide confidential and compassionate legal support to explain your options and potential legal recourse. Contacting a school sexual abuse lawyer may be a step toward taking back your power and pursing justice against the school district and the perpetrator. Contact a San Francisco school sexual abuse lawyer to schedule a confidential consultation.