What should I do if my son was sexually assaulted at school in the bathroom by another child?

Get Legal Help Today

 Secured with SHA-256 Encryption

What should I do if my son was sexually assaulted at school in the bathroom by another child?

He was pulled down and the other child put a finger into his behind. A police report was filed and DCS was contacted. DCS has not contacted us yet.

Asked on May 8, 2012 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, you should probably press charges--this was sexual assault. Don't allow the beauracracy to potentially sit on this--press the police and DCS for action.

Second, you can sue the child's family; the parents of a minor are liable for the deliberate assaults or criminal actions of their child. So especially if your child needs therapy or counseling, you can and probably should sue.

Third, you can discuss with the school district about having this other child transferred away from yours. (At least to other classes; preferably to another school.) Or alternately, possibly being suspended or even expelled for this act.

Fourth, you may be able to sue the school district if they were negligent in supervising the children. So if this child had assaulted other children before or had made threats against your child, they should have been keeping an eye on him; or if the problem was no one was monitoring children's wearabouts or knew where they were, and that's why the assault was able to happen, the school may be liable.

So you may have some lawsuits, and may need some help pressuing school or other authorities to take action; you should consult with an attorney about your options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption