Sexual abuse claims involving peer-to-peer harm can be especially difficult to address. When the abuser is another student, victims and families are often unsure about what steps to take and who is legally responsible. Schools, parents, and students all play a role in responding to abuse, but it’s not always clear where to turn when something serious happens.
If your child has been harmed by another student, our Sacramento, CA school sexual abuse lawyer knows it’s important to know that legal options may still be available — not only against the abuser, but also against the school if it failed to act appropriately. Give our office a call; we offer free consultations.
Peer Abuse Can Still Be Grounds For A Claim
Sexual abuse or assault is never acceptable, regardless of who commits it. Just because the abuser is another minor doesn’t make the incident less serious, nor does it mean legal action is off the table. In many cases, the school or district may be held accountable if they knew or should have known about the risk and failed to respond in a reasonable way.
We often see this in situations where a school has ignored reports of bullying or prior misconduct, dismissed complaints without proper investigation, or failed to provide proper supervision during school hours or events.
Why School Liability Matters In Peer Abuse Cases
Holding a student personally accountable may result in juvenile court proceedings, but that doesn’t address the broader issue of how the abuse was allowed to happen in the first place. Schools have a legal duty to provide a safe environment for all students. When that duty is breached, a civil claim may be brought against the school district or administration.
Common failures that can lead to school liability include:
- Ignoring reports or warning signs of inappropriate behavior
- Failing to separate students after a known incident
- Not training staff on how to respond to peer sexual misconduct
- Creating an environment where students fear coming forward
When we investigate these cases, we look closely at the school’s response and whether it met the legal standard of care expected in student safety matters.
How To Begin The Legal Process
The first step is usually gathering documentation. This includes any written complaints to the school, disciplinary records, emails with administrators, and notes from counseling sessions. If law enforcement was involved, police reports can also support the case.
It’s also important to act within your state’s legal time limits. In many places, minors have additional time to file abuse claims, but those windows can vary. Starting early helps preserve evidence and gives families time to make informed decisions.
Support Is A Key Part Of The Process
Filing a claim can be emotionally challenging for a young person and their family. That’s why it’s important to work with a legal team that not only understands the law but also respects the sensitive nature of the case. Communication, trust, and clarity matter in every step we take. Therapy can also be crucial after going through this trauma, so speak with us about what steps you can take.
At Kellogg & Van Aken LLP, we work with families to hold schools and individuals accountable when serious harm occurs. If your child was sexually abused by another student and you believe the school failed to protect them, contact us today. We have been working with families for 5 years who have children who were victims of school sexual abuse. We’re here to talk through your options and help you take the next step forward.