School Sexual Abuse Attorneys in New Mexico
Representing Clients Who Were Affected by Institutional Failures
When you send your child to school, you’re trusting the teachers and other staff members there to protect your child and do everything they can to support their education and physical and emotional well-being. When the people you trust are the perpetrators of abuse, or they fail to respond appropriately when abuse occurs, it’s a civil rights issue. School sexual abuse cases often involve abuse of authority by teachers and coaches and larger institutional failures, such as not believing children when abuse is reported.
Our firm helps victims and their families seek accountability and justice through compassionate support and experienced legal guidance. If your child experienced school sexual abuse, contact Kennedy Law Firm at (505) 588-5716 to talk to a member of our team.
How Prevalent Is School Sexual Abuse?
We regularly see cases in the news about school sexual abuse, but the truth is that many cases are underreported. Victims are often told that they will get in trouble or that something bad will happen if they tell anyone what has happened. The psychological grooming process that precedes abuse in many of these cases can also lead to conflicting feelings or not even realizing that what happened was abuse.
School sexual abuse happens in educational institutions in New Mexico and across the country. Some of the common warning signs include:
- Sudden reluctance to go to school
- Receiving personal calls or texts from teachers and/or coaches during non-school hours
- Change in eating or sleeping habits
- Substance abuse
- Mental health changes, such as signs of depression or anxiety
- Not turning in assignments or a decline in academic performance
Teachers, coaches, and other authority figures hold a position of power over the children in their care, and any abuse of that power is a serious issue. If the school didn’t do its due diligence when performing background checks or failed to act when notified of the abuse, it could be grounds for a civil claim.
Who Can Be Held Liable for Sexual Abuse That Happened in a School?
Who can be held liable for school sexual abuse depends on the circumstances. In some cases, a claim can be brought against the perpetrator themselves. But it’s also possible for administrators, the institution, or even the school board to be named in a civil lawsuit. Our firm can review your case and help you understand what claim(s) you may have and what legal strategies make the most sense for your situation.
School districts are generally part of these lawsuits when there are accusations of negligence, either through neglectful and irresponsible hiring practices or through deliberate indifference when the abuse is reported. Consider the following example.
The school receives reports of inappropriate behavior by a high school teacher toward several of their students. The school assures the families it will investigate, but in reality, all of the accusations aren’t documented, and there is very little follow-up. The teacher is not disciplined and is allowed to continue having access to students. The next year, the same teacher is accused of sexual abuse by another student. Because the school should have been aware of the potentially dangerous environment for students and failed to act to prevent further harm, there could be grounds for a civil case against the school.
Exactly how these cases work and who can be named as a defendant depend on factors such as whether the school was a public or private institution, whether the perpetrator was employed by the school or an outside organization, and the specific details of the case. Our attorneys can help you make sense of this situation and provide a clear path forward.
Does the Person Have to Be Found Guilty to Pursue a Civil Claim?
One of the most important things to understand about civil cases is that it is not required that the perpetrator be found guilty in a criminal court, or even for there to be a criminal charge at all, for the victim to be able to seek compensation. Cases involving civil remedies don’t have the same burden of proof that criminal cases do. This means that it’s even possible for victims seeking justice to win a civil case even if the criminal case was dismissed or resulted in an acquittal.
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof in the United States and means that the evidence was compelling enough that there is no other reasonable explanation for the crime. Civil cases have the much lower standard of a “preponderance of the evidence.” This means that the jury or judge only needs to believe that it is more likely than not that the defendant is liable for the victim’s damages to rule in the victim’s favor.
If the prosecutor decided not to bring criminal charges against a perpetrator of school abuse or if that person was acquitted in criminal court, you may still have legal options for holding them accountable. Our firm can conduct an independent review of your case to determine if it makes sense to move forward with a civil claim.
What Is the Statute of Limitations for Civil Cases Involving School Sexual Abuse?
New Mexico law outlines how long you have to file a civil claim when child sexual abuse has occurred. In most cases, those who suffered sexual abuse as a child must file a civil claim within three years of disclosing the abuse to a licensed health care provider or mental health professional or by the time they turn 24. If the victim was an adult at the time, such as a high school student who had already turned 18, the statute of limitations is three years from the date of the incident in most cases.
However, these timelines sometimes have exceptions if the suit is against an institution, and potential future legal changes could also impact how long you have to file. The best way to understand the potential timeline and what factors impact the decision to file is to speak with an experienced school sexual abuse lawyer in New Mexico.
What Should You Do If You or Your Child Were a Victim of School Sexual Violence?
If you, a family member, or someone you love was sexually assaulted at school or by an authority figure associated with the institution, the first step is to report the incident to the school and law enforcement and speak with an attorney. Any evidence related to the sexual assault or abuse, such as text messages, photos, or medical records, should be preserved for potential legal proceedings.
Teachers and school officials are supposed to protect students. When school sexual abuse happens, it can lead to significant emotional distress and other negative consequences. Our firm is here to ensure you have an advocate when seeking accountability. Call the team at Kennedy Law Firm at (505) 588-5716 to learn more about the legal process involved with a civil claim.
