Can a School Be Sued for Sexual Abuse By an Employee?

Schools have a responsibility to ensure the health, safety, and well-being of all students who are left within their care. Along with other things, that means ensuring that teachers and staff members are qualified and properly screened. Unfortunately, that does not always happen. There have been cases in which school employees—from teachers to coaches to administrative staff—sexually abuse minors. The school can and should be held liable for its failures through a civil legal claim. Here, our Miami civil sexual assault attorney explain the key points to know about suing a school for sexual abuse in Florida.

Sexual Abuse: Defined

Sexual abuse in a criminal offense. In our state, sexual assault is often referred to as sexual batter. Under Florida Law (Florida Statute § 794.011), sexual battery is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object” without consent. Notably, a minor in Florida cannot lawfully give consent for sexual contact.

A School Can Be Held Liable for Failure to Protect a Student 

A school may be held legally liable if it fails to take reasonable measures to protect a student from foreseeable harm, either from fellow students or external threats. Liability arises when a school neglects its duty of care to ensure a safe learning environment. Sexual abuse committed by a school employee on a student is one of the most common examples of negligence.

 Know the Statute of Limitations: Minor Sexual Assault Victims in Florida

 All civil claims are subject to a statute of limitations. There is an extended deadline for cases involving minors. Indeed, in Florida, minors who are victims of sexual assault have until the age of 25 to file a civil lawsuit for damages resulting from the assault.

 Compensation through a Civil Sexual Assault Claim

Criminal law allows for offenders to be held accountable for sexual abuse. The specific school employee that abuses a student (minor) should face criminal charges. Beyond that, a civil claim is another path to justice. It is a cause of action that can be brought against both the offender and any defendant—such as a school—whose negligence contributed to the attack. Through a civil sexual abuse claim, victims may be entitled to compensation for:

• Emergency medical treatment;
• Other health care expenses;
• Mental health counseling;
• Loss of current and future earnings;
• Pain and suffering;
• Emotional distress;
• Disability or disfigurement; and
• Punitive compensation.

Contact Our Miami, FL Civil Sexual Assault Lawyer Today

At Pike & Lustig, LLP, our Miami civil sexual abuse attorneys are compassionate, justice-focused advocates for survivors and their families. If you have any questions about bringing a civil sexual assault claim against a school or other educational institution, please do not hesitate to contact us today. Initial consultations are free and completely confidential. Our firm has offices in Miami and West Palm Beach and we fight for the rights of sexual abuse victims throughout South Florida.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html