Sexual Assault in a School

Sexual abuse or harassment can be difficult to discuss for anyone, and talking about these criminal acts can be especially difficult for a child who has been a victim of this abuse. With so much of a child’s life revolving around school, sports, and other school-related extracurriculars, abuse from a trusted child care professional or teacher could be difficult to discover.

Although school personnel has a duty to protect students from abuse on—and sometimes off—campus, that does not always ensure the safety of all students. With boarding schools, after-school programs, and sporting events being vital parts of a typical education environment, there is an opportunity for children to be exposed to abuse from trusted teachers, coaches, or other students.
If you or someone you know was a victim of sexual assault in a school as a child, it could be essential for you to to understand the legal steps now at your disposal. Seasoned sexual assault attorneys understand how difficult it can be to relive past abuses—whether they were suffered by you or by someone you know—and could help assess your situation and give you the assistance you could need in compiling a case against your abuser if you wish to pursue legal action.

Statute of Limitations on Sexual Assault Claims

In September of 2019, Governor Andrew Cuomo of New York passed legislation that changed the statute of limitations on sexual assault claims. The law changed this statute for both criminal and civil claims. Now, victims of second-degree rape have up to 20 years to report the crime, while victims of third-degree rape have up to ten years to report the crime. This changes the law dramatically, as previously victims had only five years to report sexual assault.

The new law also erased the statute of limitations for incest in the first degree, and expands the statute of limitations for incest in the second degree to 20 years. Third-degree sex crime acts have a statute of limitations of ten years. For all of these claims, individuals have 20 years to file a civil lawsuit.

These new protections add to the steps Governor Cuomo has already taken to protect survivors of sexual assault. In February of 2019, the Governor passed the Child Victims Act. This piece of legislation gives individuals that experienced abuse and assault in their childhood the right to file a lawsuit until they are 55 years old, almost double the time that they once had, when they had to file a claim before they turned 28.

How Abuse Occurs in a School

Educational institutions have a responsibility to provide a safe learning environment for every child and report the possibility of abuse of a child. Despite legal barriers such as Title IX and similar legislation, though, cases of sexual abuse can remain hidden for years. Whether a public, private, or intermediate institution, the ingrained idea that a child should completely trust a coach, teacher, or person in the position of authority creates environments that unfortunately facilitates abuse of children for those looking to do so.

Sexual abuse of a child is often more likely to occur in a place where the risk of being detected is low. As such, there can be a variety of locations where sexual abuse occurs within an educational context, and not always on school grounds. The following are a few examples of the possible in which settings sexual abuse can occur:

  • After school programs
  • Sports teams
  • Service organizations
  • Competitive teams
  • Performing arts programs
  • Band or chorus programs

Contact a Lawyer Today

Seasoned sexual assault attorneys acknowledge the difficulties of discussing previous sexual assault in a school. Compassionate lawyers and legal advisers could not only serve as your legal counsel—but they can also be a crucial resource and companion during this stressful time.

An experienced sexual assault attorney could help you understand your legal options and plan the best path forward in your case against a school institution or employee. Whether the abuse occurred recently or if the Child Victims Act extended the statute of limitations for abuse that happened years ago, contacting an attorney could be the easiest part of this process. Call today to start exploring your legal options.

©2024, Goldstein and Bashner All Rights Reserved | Disclaimer | Privacy Policy | "Captree Sunset" Photo Credit: Unique Images/Martin Losco