Española School Sexual Abuse Lawyer

Española School Sexual Abuse Attorney

Schools in Española should be safe places where children can go to learn, grow, and thrive. When a teacher, staff member, coach, or another student sexually abuses a child, it can change their life forever. We understand that for victims and their families, the justice system can be a critical step in the healing process. An Española school sexual abuse lawyer can help you fight for your child’s rights to help in the process.

About Egolf + Ferlic + Martinez, LLC

After a violation at a school, it is common for family members and children to feel disjointed. Survivors may feel lost and confused. They may also feel bullied by school officials to downplay the incident. This is why you need to hire a school sexual abuse lawyer to help you through the legal process.

The compassionate attorneys at Egolf + Ferlic + Martinez, LLC find their work in litigation to be both a profession and a life mission. We know how effective advocacy can lead to real change and true justice. We have successfully represented survivors of school-related sexual abuse throughout New Mexico and are familiar with the many complexities of these school sexual abuse cases.

Understanding School Sexual Abuse

In New Mexico, one in four girls and one in six boys will be sexually victimized before their 18th birthday. Two-thirds of sexual violence survivors choose not to report their experiences yet pursue supportive services.

​​Sexual abuse in schools can include inappropriate sexual comments, unwelcome touching, sexual assault, and any other conduct of a sexual nature. School staff members who commit sexual abuse may include teachers, coaches, other employees, or fellow students. The school, however, has a responsibility to provide a safe environment for learning and to protect students from foreseeable harm, and may be held legally liable if it does not.

Under New Mexico law, teachers and other school employees are mandatory reporters. Any school professional who suspects abuse toward a student must legally report their concerns to law enforcement or child protective services. If school officials fail to report suspected abuse, they may be open to liability.

In addition, under federal school sexual abuse laws such as Title IX of the Education Amendments of 1972, schools that receive federal funding have a duty to remedy sexual harassment and abuse, or they may lose their funding and be subject to civil claims.

Legal Options for Survivors and Their Families

Students who survive sexual abuse in educational institutions can generally pursue justice in one of two ways. First, the State of New Mexico can pursue criminal charges to punish abusers. Second, survivors can bring a civil claim, which enables survivors and their families to obtain financial compensation from abusers and other wrongdoers. Some damages you may be able to recover include:

• Therapy costs
• Medication
• Long-term mental health care
• Pain and suffering
• Emotional distress
• Trauma
• Medical bills, especially if the abuse resulted in serious physical injuries
• Financial burdens that the family endured due to the abuse
• Punitive damages, especially when school officials knew about the abuse and did nothing to help, or even took steps to cover it up

Although civil claims do not place an offender in jail, civil claims expose wrongdoing and can force institutions to change. This can help protect other children from harm.

Liability After School Sexual Abuse

When sexual abuse happens in a school in Española, the perpetrator is not the only one who can be held liable. There are multiple individuals and groups who can also share responsibility. Some of these parties include:

• Leadership. School leadership could be liable if there were red flags that they ignored or previous complaints they failed to act on. They may also be liable if their actions or inactions set the stage for abuse to occur.
• Districts. School districts can be liable if they were aware of systemic abuse or other inappropriate actions and prioritized the school’s reputation over student safety.
• Security. Private security companies may be held liable if they were negligent and this allowed abuse to occur where it otherwise may not have.

An Española school sexual abuse attorney with extensive experience will examine personnel files, along with disciplinary records, emails, and previous complaints to find evidence that the school had an opportunity to prevent foreseeable harm but did not do so.

FAQs

What Are the Consequences of Sexually Harassing Someone in School?

Sexually harassing someone in school can have serious disciplinary and legal consequences for the perpetrator. A student may face suspension or expulsion from school, or loss of extracurricular privileges, while a staff or teacher member may face termination of employment and loss of professional license. This can also result in a civil claim and/or a criminal charge.

Can You File a Claim Against a School for Not Doing Anything About Abuse?

Yes, you can file a claim against a school for not doing anything about abuse. If a school does not take action against abuse after being informed of it, it could be held liable in a claim for negligence or for violating federal laws such as Title IX. Schools have a legal responsibility to provide a safe environment for their students.

What Are Some Signs of Sexual Abuse at School?

There are many different signs of sexual abuse at school. Some behavioral signs are becoming withdrawn, declining grades or school performance, fear of certain individuals, anxiety, regression, or difficulty concentrating. Some physical signs could be unexplained pain or discomfort, bruises, or infections. Some other red flags could be private communications between teacher and student or isolating the child from others.

Hire a School Sexual Abuse Lawyer

If your child was sexually abused at school, you can fight for justice and hold all wrongdoers accountable. Egolf + Ferlic + Martinez, LLC can help you in this legal process. Our legal team is dedicated to helping members in our community with the support they need during the most difficult times. Contact us today to get started.