No child should ever have to experience sexual abuse at the hands of another. Unfortunately, every year, hundreds of students are sexually abused by members of an educational institution that are supposed to be teaching and caring for children. Instead, they are using their position within a school to mask their true predatory intentions. If a faculty member sexually abused your child, you should consult with an experienced Fayetteville school sexual abuse attorney today.
Ken Kieklak, Attorney at Law, recognizes the trauma and painful memories that can stem from a history of sexual abuse, and he is here to help you hold a sexual abuser accountable for their actions. To schedule a free legal consultation to discuss your claim, contact Ken Kieklak at (479) 316-0438, or contact us online.
Liability for School Sexual Abuse in Fayetteville, AR
Sexual abuse occurs when one person coerces or takes advantage of another person to engage in some form of sexual activity. In many cases, sexual abuse will occur between an adult and a child that is incapable of defending from the abuse or that may not understand they are being abused. In terms of a school setting, a faculty or staff member could easily use their position of authority to force a child into performing sexual acts.
When an employee at an educational institution uses their position to abuse children sexually, they could be held liable for injuries suffered by a child. However, the sexual abuser may not be the only party that could face a civil lawsuit for their repulsive actions. In some cases, the institution that employs the child may be held liable for their employee’s illicit behavior.
If a school employee committed sexual abuse of a child while performing their obligations at the school, the school could be liable for their actions. For example, if a volleyball coach decided to abuse a child in the locker room after practice, this incident would have occurred while he was supposed to be teaching the child. As a result, the school could be held liable through the doctrine of vicarious liability. This doctrine can impute the actions of an employee to their employer under certain circumstances.
However, there may be other factors considered when determining whether a school could be held liable. For example, an important factor could be whether the school was aware that one of their employees was engaged in illegal sexual activity with a child. If officials at the school were aware of the abuse or did not attempt to report the abuse, this could be an indication they were ignoring the sexual abuse taking place. In some cases, a school may even attempt to conceal incidences of sexual abuse.
To learn more about filing a lawsuit for sexual abuse, continue reading and speak with an experienced Fayetteville school sexual abuse lawyer.
Statute of Limitations for Arkansas Sexual Abuse Lawsuits
If you or your child was a victim of sexual abuse, you should consider filing a sexual abuse lawsuit against the abuser and other parties responsible for your injuries. When pursuing a sexual abuse lawsuit, it is important to understand that your case is subject to the statute of limitations. The statute of limitations determines the length of time that a claimant has to file a particular type of lawsuit.
The statute of limitations for child sex abuse claims in Fayetteville, Arkansas can vary depending on the circumstances of each case. For example, once a child reaches the age of 18, they will have three years to file a child sexual abuse claim. This means if their lawsuit is not filed by their 21st birthday, they may lose the opportunity to file their lawsuit.
Note, however, that the statute of limitations for child sex abuse cases in Arkansas can be tolled or delayed. A child sex abuse case can be tolled if the survivor of the abuse was not aware that they were abused. This discovery rule would allow a claimant to file their lawsuit within three years after learning they were abused. This is extremely helpful as many survivors of sexual abuse may have issues coping with their traumatic experiences and may not view their experience as abuse until later in life.
It is also important to note that a sexual abuse claim can be filed by a parent on behalf of their child in Fayetteville.
Contact Our Experienced Fayetteville School Sexual Abuse Lawyer Today
If a staff member at a school sexually abused you or a family member, contact an experienced Fayetteville school sexual abuse lawyer today. With over 20 years of legal experience, personal injury lawyer Ken Kieklak sees the importance of helping survivors of sexual abuse face their abusers. To schedule a free case evaluation to discuss your legal situation, contact Ken Kieklak, Attorney at Law at (479) 316-0438.