Oregon School Sexual Abuse Lawyer

Informing Victims and Their Families of Their Legal Rights and Options

School should be a safe space for students, but unfortunately, this isn’t always the case. Some abusers specifically seek out jobs in schools to get access to children, and many adults automatically trust those who appear to be acting in their children’s interests. But the truth is that children are sexually abused in schools across Oregon and the rest of the country, and it can take months or even years for parents to find out about it or for victims to come forward.

If your child has been sexually abused at school, consult with an attorney as soon as possible. In addition to reporting the abuse to the school and the proper authorities to hold the abuser accountable, it’s also sometimes possible to file a lawsuit against the school itself if the administration’s negligence contributed to the abuse. Galm Law has extensive experience with these types of cases, and an attorney can help you understand your legal options and how to start moving forward.

How Common Is Sexual Abuse in Schools?

Approximately 1 in 10 students will experience sexual abuse by a teacher at some point before they graduate high school. And these numbers don’t include those who are abused by other school employees or other students. Abusers often seek employment with educational institutions as a way to have access to a large number of children so that they can pick out those who are more likely to be manipulated. The vast majority of offenders are men, and most sexual abuse victims are teenage girls.

Abusers may spend months grooming a potential victim, which involves establishing trust and creating a friendly relationship with them before turning the relationship sexual. These cases often start with inappropriate comments or text messages before moving on to exchanging explicit photos or physical contact.

Many parents mistakenly believe that a teacher, a coach, or another staff member is just trying to relate to their children and be a positive influence when really they are abusers hiding in plain sight. If your child has been the victim of sexual abuse by an educator or staff member or was abused by another child on school property, attorney Paul C. Galm at Galm Law can help you make sense of this situation and hold the appropriate parties accountable.

What Qualifies as Sexual Abuse?

Sexual abuse is a large category that encompasses many types of inappropriate behavior. When it comes to school sexual abuse, the primary criteria are that the abuser is a school employee or the abuse occurred on school grounds. Sexual abuse can include:

Sexual harassment, such as inappropriate sexual comments or offering to change a grade or granting special privileges in exchange for explicit photos or sexual favors
Sexual exploitation, which could involve the production of child sexual abuse material (CSAM) involving the student
Sexual violence, such as rape or sexual assault
Sexual misconduct, such as the abuser sending explicit photos of themselves to a student or engaging in inappropriate physical contact

Sexual abuse, especially in the early stages of grooming, often happens via technology, such as text messages or through social media accounts. Your child receiving gifts from a teacher or staff member or having special privileges can be early warning signs that a relationship may not be appropriate.

Who Can Be Held Liable for School Sexual Abuse?

In school sexual abuse cases, there are two potential parties who can be held liable for the abuse. The first is the abusers themselves. Victims of sexual abuse have the right to report the crime to the police to start a criminal case, but they also have the right to pursue a civil claim against the abuser for damages. However, in some cases, the school may also be held liable for sexual abuse if the administration was negligent in some manner.

Some examples of negligence on the part of school administrators can include:

Not ensuring proper background checks to see if a teacher or staff member had a history of sexual abuse or inappropriate relationships with students at other institutions
Failing to take appropriate disciplinary actions, including terminating employment, after finding out that a staff member is sexually abusing students
Failing to report the abuse to the authorities as soon as the administration is made aware
Not having the required policies regarding sexual harassment or not having proper staff training on how to recognize, prevent, or report suspected abuse
Having lax security on campus that led to unsupervised access to students

Some schools may also attempt to cover up allegations or evidence of sexual abuse as a way to control their public image and avoid negative publicity. In these cases, the administration may try to deny that the abuse happened by saying the victim is lying or blaming the victim. It’s possible for the school to take retaliatory measures against the victim, such as threatening to expel them from school. If you have experienced any of these actions or your testimony is not being taken seriously by the school, having legal representation is key to ensuring that the responsible parties are held liable and the abuser is brought to justice.

What Responsibility Does the School Have to Report and Take Action on Suspected Abuse?

Teachers and school administrators are mandated reporters, which means they are required by law to report suspected abuse to the proper authorities. When a mandatory reporter has reason to believe that a child has been abused, they must make the report immediately to the local police or the Oregon Child Abuse Hotline. Failure to do so can make them legally accountable for the abuse, and it also opens them up to both criminal and civil penalties for failing to meet their mandatory reporting obligations.

Many schools also have specific policies regarding how allegations of child sex abuse are handled, including what happens after a report is made. This includes whether the teacher or other staff member is removed during the investigation. A school that doesn’t have these policies or that fails to follow its own policies regarding sexual abuse opens itself up to legal liability.

The bottom line is that schools and their staff members have the responsibility to do everything they can to keep children safe, and this includes protecting them from sexual abuse. If the school administrators aren’t taking your report seriously or you believe their negligent actions enabled the abuse, call our office right away to schedule a consultation with an attorney.

How Do You Prove Negligence on the Part of the School?

In civil sexual abuse cases, there are always four major pillars that must be proven for the plaintiff to win.

Establish a duty of care. The plaintiff must prove that the school had a duty of care to the student, which means that the administration had the responsibility to do everything they could to protect students while on school grounds and under the staff’s care
Prove that the school breached that duty. This is one of the most challenging parts of the case, as you must be able to show that the school acted negligently, which left the student at risk
Show a direct link between the breach of duty and the sexual abuse. While the school may not have caused the abuse directly, if they were negligent in a way that made it easier for the abuser to act or didn’t respond appropriately when notified of the abuse, an attorney can make this connection
Establish damages. Civil lawsuits require the plaintiff to have suffered damages to be able to seek compensation. These damages can be financial, such as medical expenses or the cost of mental health care, but emotional distress and psychological harm are also damages

What Should You Do If You Find Out Your Child Has Been Sexually Abused at School?

If your child has shared with you that they were abused at school or by a school employee or you have found evidence of abuse — such as explicit photos or texts — it’s critical to report the abuse immediately to the school and the authorities and get your child medical care. Reporting sexual abuse immediately helps establish a timeline and can increase credibility in a trial later on, and in some cases, it may be possible to collect physical evidence during an examination that can be critical for the case. Getting medical treatment can also help you connect to other resources and mental health support for victims of child abuse and their families.

Once your child’s health and well-being have been addressed and you’ve reported the abuse to the authorities, the next step is to talk to an attorney about your legal options. At Galm Law, we understand that these are sensitive cases and that minors may not always understand what has happened to them or be willing to cooperate. We’re able to help you understand how these cases work and what options you have. Call our office at 971-405-6660 to schedule a time to talk with an attorney.