Sexual Abuse Lawyer

Holding Organizations Responsible for Child Sex Abuse

The goal in child abuse civil litigation is to obtain compensation and closure for the victim. Sex abuse victims often require years of therapy, and they are entitled to money for years of emotional trauma. Although a separate criminal lawsuit against the perpetrator should be pursued, the criminal lawsuit is handled by prosecutors. The job of civil litigators is to obtain money damages for the victim and to affect policy changes that will prevent abuse in the future.

The unfortunate reality is that people who commit sex crimes against children often have little to no assets. These individuals also do not have an insurance policy that will compensate a child abuse victim. This means that filing a civil lawsuit against the individual predator is often a losing proposition. The litigation process can take years and cost a lot of money. Although every victim deserves justice, most lawsuits filed directly against the predator net very little relief.

When our office receives a call from a child sex abuse victim, we thoroughly examine all the parties involved. In addition to filing a lawsuit against the predator, we also ensure that everyone involved is held accountable. We pursue every legal remedy on behalf of the victim, and this often includes filing a lawsuit against organizations and entities who failed to protect the child sex abuse victim.

Why Are Entities Responsible for The Actions of a Predator?

California law holds entities responsible for the sex abuse of a child if certain conditions can be proven. The reasoning is that entities such as schools, camps, and churches have a special duty to protect children in their care. When they are negligent, and a child is harmed, the entity must be held accountable. Organizations can be liable under the following theories:

  1. Negligent Hiring: If a child is abused sexually and the entity did not properly screen the abuser, they can be held responsible. For instance, if a background check would have revealed that the abuser had a prior felony history, or if he/she was a registered sex offender and the organization places this person around children, the entity is responsible for the harm.
  2. Negligent Supervision: Organizations have a responsibility to ensure that all children in their care are protected. They have a duty to monitor staff, volunteers and anyone who interacts with a child. If an entity abandons their duty to supervise and a child is sexually abused, the entity is liable.
  3. Negligent Training: Each organization must undertake the duty to train its employees with regard to sex abuse. For example, an organization must teach its staff to properly identify warning signs of abuse. They must train everyone who cares for a child to promptly report suspected abuse. If evidence shows the entity did not properly train everyone, they can and should be held responsible.
  4. Duty to Investigate: If a parent, guardian or someone within the organization told the entity of suspected child abuse, and if the entity does not take proper steps to investigate the harm, their actions constitute negligence.
  5. Covering Up: If the organization becomes aware of either actual or potential child sex abuse and they intentionally, or even passively, bury the abuse, California law automatically trebles any sex abuse victim’s damages.
  6. Failure to Alert Law Enforcement: If an organization becomes aware of child sex abuse, they have a duty to immediately contact law enforcement or child protective services. They must cooperate fully with any investigation to ensure the perpetrator faces criminal charges.
  7. Failure to Remove: If an entity has any credible evidence that a child is being harmed by a sexual predator, they must immediately remove the suspected abuser and keep all children safe from future abuse.
  8. Blaming the Victim: Accusing parents, children, or others of lying about sex abuse not only further traumatizes the child, but it also violates an entity’s utmost duty to prioritize the needs of children.

Entities That Can Be Held Responsible:

  • Schools: If the abuse takes place on school grounds, the school or district may be responsible if they failed to take action to prevent the harm. Even if the abuse takes place off campus, if it involves a teacher or school employee, the school may be liable. Schools may also be liable for child sex abuse committed by athletic coaches, school counselors, maintenance staff or volunteers. If the sex abuse occurs in an after-school program, or through a school sponsored field trip, the school still has the ultimate duty to protect children in their care. Last, schools may be liable for child-on-child sex abuse where they were on notice and failed to prevent the harm. For more information regarding child sex abuse at schools, please visit: https://casexabuselawyer.com/child-sex-abuse/sexual-abuse-in-school/

  • Foster Care: If a California county places a child into a home with knowledge that prior sex abuse has occurred, or if they fail to do proper background checks, the government can be sued for compensation. Additionally, any independent foster care agency licensed by the state or county can be held liable. If these foster care agencies fail to properly investigate claims of child sex abuse, or if they fail to remove a child from a home where sex abuse occurs, the foster care agency can be sued for negligence. For more information regarding child foster care sex abuse, please visit: https://casexabuselawyer.com/child-sexual-abuse/foster-care-sexual-abuse/

  • Churches: As with other organizations, churches may be responsible for sex acts on children if they knew or should have known that child sex abuse was likely. Churches have a duty to protect children from predator priests, pastors, youth pastors, church employees, volunteers, and even fellow church parishioners. For more information regarding church and clergy child sex abuse, please visit: Clergy/Church Sex Abuse

  • Youth Organizations: Entities such as the Boy Scouts, Girl Scouts, Big Brothers and Sisters or other child programs also have a duty to screen staff and volunteers, and they have a duty oversee the safety of children in their care. For more information regarding child sex abuse in youth organizations, please visit: Foster Home Sex Abuse

  • Sports Organizations: Child sports organizations such as the AAU and other sports leagues can be held liable for child sex abuse if they fail to protect their underage participants. For more information regarding child sex abuse in sports organizations, please visit: Sex Abuse in Sports

  • Medical Facilities: Child sex abuse in hospital and doctor’s office settings are rare, but if the abuse takes place at the hands of a medical professional, the facility and the physician may be liable. As well, children who suffer abuse at the hands of mental health professionals also have a claim against the practitioner. For more information regarding doctor and therapist child sex abuse, please visit: Doctor / Therapist Sex Abuse

The above list is not exhaustive. In fact, whenever a child is sexually abused under the watch of any company or organization, the entity may be responsible if they failed to protect the child. If you or a loved one suffered child sex abuse, it is important to speak with a highly experienced lawyer who can ascertain which entities can be held responsible.

It is also important to remember that under California law, child sex abuse victims can bring claims as an adult, even many years after the trauma occurred. For more information regarding the statute of limitations for child sex abuse and sex assault, please visit: How Long Do I Have To File a Child Sex Abuse Lawsuit

If child abuse in any of the above listed entities is suspected, the first step is to ensure the child is completely removed from the organization, having no further interaction with the predator. Second, law enforcement should be notified immediately. Next, it is important to speak with a qualified sex abuse attorney who can assist in an investigation of the entity and aid in the criminal case as the victim’s advocate.

Whether the child sex abuse occurred recently or many years in the past, Craig Charles Law has vast experience helping victims to overcome their trauma and achieve justice. To discuss your rights and for a free, confidential evaluation, give Craig Charles Law a call today. Each victim speaks directly with a highly qualified and experienced sex abuse attorney who will fully evaluate each claim. Give us a call today at 424-343-0660 and let us help you get your life on track.

Victims can also submit a confidential, online evaluation. All online inquiries will be answered directly by a sex abuse attorney within 24 hours.

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