Can You Sue a Little Rock School for Sexual Assault?

It is certainly possible to sue a Little Rock school for sexual assault. At Bailey & Greer, PLLC, our attorneys work closely with people facing untold injury from these devastating incidents. From physical loss to emotional damage and trauma, there is no simple way to navigate this challenging situation. You have the right to seek restitution through legal action.

What is the Justice for Vulnerable Victims of Sexual Abuse Act?

In 2021, the Justice for Vulnerable Victims Sexual Abuse Act went into law. This law allows people who have suffered sexual abuse to seek legal action. In 2023, that law was amended to remove the age limit that was once in place. Previously, only survivors under 55 years of age were permitted to bring lawsuits. Now, however, a person of any age who was abused as a minor can seek legal action against those responsible. This amendment also opens up a new filing window for victims that began February 1, 2023, and will end January 31, 2026.

The law applies to anyone who is a minor who is victimized. That includes those suffering at the hands of public or private school members, including teachers or counselors. It applies to organizations like the Boy Scouts of America. It also applies to treatment centers, religious organizations, and other groups that were trusted to keep children safe when, in fact, they did not.

What is categorized as sexual assault or sexual abuse?

Both sexual assault and sexual abuse are terms that have very loose definitions. That is, they include any type of unwanted or nonconsensual sexual-related touching or implications. This could include touching private parts, engaging in sexual acts, or threatening to do so.

To be considered abuse, the act must be done in a way that includes sexual intent. That means that the act took place for arousal or sexual gratification in some way. Just brushing up against someone with no intent does not warrant this type of legal action.

Also important is to note that no person under the age of 18 can consent to sexual touching. That means any type of sexual action can be considered abuse.

Who can file a sexual abuse lawsuit against a school?

If you are a victim of sexual assault or sexual abuse suffered as a minor in school, you have the right to seek out legal action against those responsible. That includes the person who did this to you but also the organization that may have covered it up or allowed for poor hiring practices that, directly or indirectly, led to the sexual abuse.

A school can be held liable for negligently failing to protect a victim. This can occur if a teacher, counselor, principal, or even another student causes sexual abuse. If the abuse happened on school grounds, the circumstances of the case may lead to that school being held responsible.

Why sue a school for sexual assault?

While you can pursue legal action and civil claims against the person who perpetrated the sexual assault, and you should do so, they often lack any financial support for you. That means that you may be unable to secure the compensation you need for healing and recovery.

However, seeking legal action against a school does two things. First, it enables you to get the compensation you are owed.

Compensation can help you in many ways:

• Get the counseling and support you need;
• Address health challenges;
• Help to meet your needs if you cannot work;
• Provide you with financial support when you have suffered severe loss; and
• Gain the peace of mind you deserve.

Second, it shines a light on a hidden and not-talked-about risk that other parents need to know about to protect their children. Letting a person get away with sexual assault is not the only problem here. It is the institution that did not take steps to prevent that needs to be a focus. Holding the school accountable can send a wider message that people will not tolerate this type of behavior.

If you are a sexual abuse victim, you have the right to make your voice heard. At Bailey & Greer, PLLC our dedicated and experienced Little Rock sexual abuse attorneys are ready to help you navigate this difficult and changing legal situation. Our goal is always to provide you with the resources you need to hold those who hurt you accountable. Call our office or submit our contact form now to discuss your case at a free consultation.