QUESTION
What can I do if my daughter was repeatedly assaulted at school?
Asked on Oct 05th, 2011 on Personal Injury - New York
More details to this question:
My daughter was repeatedly sexually abused by a classmate. My daughter, the victim is a student at an Elementary school who was sexual assaulted by a classmate on numerous occasions. I would like to file a lawsuit against the Board of Education and school officials for negligence, claiming that they failed to live up to their duty to protect my daughter where the assaults could have been prevented. My theory is that "sexual relations, during school hours, amongst pre-teens does not occur without the existence of negligent supervision." When I reported the incident to school, they investigated poorly and the sexual assault turned into bullying. The same person assaulted another student.(More details to come, when we discuss)All information and communication is documented. I had to get the police involved where further information from the detective-relieved that the student sexually penetrated my child. I believe, under state law, any sexual penetration, no matter how slight or the age, is considered rape. The school dropped the ball and though the student was removed, we are under distress due to the bad/unfair treatment and retaliation we are receiving from school officials from this incident. My daughter and I have not been the same and it hurts more than anything to know the innocence of my daughter has to be taken at such a young age. Please contact me if you can help. Any information you can provide will be useful and helpful. I thank you in advance for your prompt attention regarding this matter. Thank you.
10 ANSWERS
Retain a plaintiff's attorney who handles sexual assault cases.
Answered on Oct 28th, 2011 at 1:21 PM
2 Awards
The school District could be liable if their lack of supervision caused or contributed to the assault. Contact one of us to discuss.
Answered on Oct 28th, 2011 at 1:21 PM
Schools have a duty to keep their students safe. If your daughter's school knew of the specific risk to your daughter and failed to protect her, they may be liable for her injuries. They might also be subject to orders requiring them to do a better job of protecting their students. However, cases like you daughter's can be challenging. You should contact a lawyer.
Answered on Oct 07th, 2011 at 3:05 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It is critical that a Notice of Claim get filed within ninety days of the incident. Has ninety days passed? Sometimes you can get permission to file it late, but it is not a given.
Answered on Oct 07th, 2011 at 12:56 PM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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You have the right to assume that your child is safe and protected while at school. If the school negligent supervises the kids in the school, and another child is injured as a result, then the school is responsible for the harm that was caused. The conduct that you are describing is outrageous and completely unacceptable. I would encourage you to contact an attorney who handles injury claims so that they can help your daughter and your family. Hopefully by making a claim you can help your family and you can help make sure that this never happens to someone else's child.
Answered on Oct 07th, 2011 at 12:50 PM
Your best case exists if the other student was assaulted before your daughter and it was reported. The school (and by extension, the school district) would have been put on notice of the danger to the students posed by this child. They would have had a duty to protect the other children from this harm and their failure to do so would constitute negligence. You would have a cause of action against the school district for negligent supervision and a host of other claims. It may be possible to sue the offending child's parents. You may also press criminal charges against that child. The child's age and history will be important factors. You should consult with an attorney as soon as possible because there are shorter statutes of limitations when suing a municipality. You have many legal options. The toughest question is whether it is worth it to have your daughter relive the ordeal each time she has to tell her story. It may help her heal; it may only make things worse.
Answered on Oct 07th, 2011 at 11:25 AM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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The school and the school Board have responsibilities to students including providing safety from dangers the employees knew about and should have known about. This may include dangers caused by other students. They are normally responsible for supervising all of the students in their care which would include the student who assaulted your daughter. Because of the severity of injuries to your daughter, you should contact an attorney immediately to protect her rights. Florida as many states has Sovereign Immunity laws that can have impact on claims against a school and school board. You should not delay in consulting with an attorney.
Answered on Oct 07th, 2011 at 2:13 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the school did not protect your child after it knew of the problem you certainly have a claim against the school board and perhaps individual school personnel. You did not say whether you incurred any expense. If the problem is bothersome emotionally to your child or yourself you need to put yourself into the hands of a proper therapist to assist you.
Answered on Oct 07th, 2011 at 1:29 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are right to be upset and angry. And yes, you have a good claim against the district if you can show that their supervision was negligent and that led to the sexual assault. You should call an attorney to get more specific advice on how to pursue your claim.
Answered on Oct 07th, 2011 at 12:53 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Was she abused or did she consent? I can't tell from your email. How old is she? I am a former federal and State prosecutor and now handle personal injury litigation so feel free to check out my web site and contact me. You will need to serve a Notice of Claim on the Board of Education within 90 days of the occurrence.
Answered on Oct 07th, 2011 at 12:53 AM