Sexual Abuse in Schools

There’s no single definition of sexual abuse in educational institutions. The wording differs amongst organizations and government agencies, but most definitions cover a similar theme: a type of criminal sexual conduct in which the perpetrator is significantly older and in a place of authority, as either a school employee or volunteer.

The acts can take place in public schools, charter schools, private schools, boarding schools and higher education institutions. In some cases, sexual abuse may not include physical sexual violence. The perpetrator can commit sexual acts using text messages or social media apps.

The personal nature of school sexual misconduct makes it difficult to perform empirical research. But the available statistics clearly show the prevalence of sexual misconduct between school personnel and K-12 students. Despite the alarming statistics, many experts agree that the statistics could be larger or greater than indicated due to under-reporting or delayed disclosure of sexual abuse.

Victims of educator sexual abuse

Nearly 10% of U.S. students have experienced school employee sexual misconduct by the time they graduate from high school.

• 56% of victims were female
• 53% were economically disadvantaged
• 49% of victims were minorities
• Offending educators were transferred an average of three times to different schools before being reported to police

Perpetrators of sexual violence against students

• 79% of the misconduct involves physical contact
• 68% of perpetrators were general education teachers
• 67% of perpetrators were male
• 50% of perpetrators had previous allegations against them

There are often physical and behavioral warning signs that a student may be suffering from sexual abuse in school.

Physical signs might include pregnancy, sexually transmitted diseases or unexplained injuries.

Behavioral signs include, but are not limited to:

• Anxiety
• Changes in hygiene or eating habits
• Changes in academic performance and habits
• Depression
• Fixation on sexual topics and behavior
• Maladaptive behaviors like drinking or illicit drug use
• Secret keeping
• Rebellious behavior
• Reluctance to be left alone with specific people, especially school staff members
• Self-harm

In a 2019 study, researchers compared data from four databases to study how sexual abuse impacted the mental health of minor victims. The research team noted links between sexual abuse as a minor and vulnerability to disordered behaviors, psychiatric diagnoses, negative psychosocial outcomes and physical health conditions during adulthood. These conditions include:

• Anxiety
• Borderline personality disorder
• Conversion disorders
• Body dysmorphia
• Depression
• Post-traumatic stress disorder (PTSD)
• Schizophrenia
• Substance abuse and/or addiction

Victims may also struggle with relationships as adults and be more prone to suicidal behavior and health conditions such as diabetes or heart disease.

If you suspect sexual abuse by a school official, employee or volunteer, start by ensuring the victim’s safety. When you’re ready to seek civil action, consider contacting a lawyer who focuses on sexual abuse litigation.

Motley Rice attorneys practice trauma-informed law. This gives them the training and experience to advocate for victims while respecting their mental and emotional state.

Overcoming the trauma of sexual abuse at school

Individual and group therapy to process the trauma of the sexual abuse and inappropriate relationship are often integral to the healing process. In some cases, seeking justice can also help victims process their trauma.

Resources for school sex abuse victims

Survivors of sexual abuse by educators can turn to numerous advocacy organizations for help coping with their trauma. If you need help addressing your mental, physical or emotional well-being, consider one of these resources:

• 1in6
• Enough Abuse
• Moore Center for the Prevention of Child Sexual Abuse
• Rape, Abuse & Incest National Network (RAINN)

When Title IX was enacted in 1972, its aim was to prevent sex-based discrimination and sexual harassment in learning environments. Today, it’s commonly associated with more women participating in school sports programs, but Title IX also covers sexual violence.

Title IX requires schools to appropriately respond to educators and students who sexually harass or assault other students. The Supreme Court interprets Title IX to mean that schools can be liable for claims of damage for “a deliberately indifferent response to known acts of harassment in such circumstances.”

The U.S. Department of Education requires schools to comply with Title IX by having an appropriate school official respond and take corrective measures on the victim’s behalf. An “appropriate person” must have the authority to implement meaningful actions.

What is a mandatory reporter?

A mandatory reporter is anyone required by law to report sexual misconduct that they’ve witnessed or heard about. In schools, this may include:

• Administrators
• Coaches
• Nurses
• Teachers

Some state laws and Title IX require mandatory reporting of sexual misconduct. K-12 teachers must report sexual misconduct that they’ve witnessed or heard about.

Schools are also required to have a Title IX coordinator, though K-12 staff members might share a coordinator for an entire school district.

Survivors of sexual abuse in the school setting have used their voice to find justice in the legal system in the following ways:

• Mandated schools to improve their policies and procedures to protect students
• Improved monitoring of school employees regarding child sex abuse and appropriate boundaries with students
• Secured financial compensation
• Helped victims and their families find closure

Motley Rice attorneys have advocated in high-profile public and private school sex abuse cases. Two victims settled for an undisclosed amount in cases against Pinewood Preparatory School.

Motley Rice has also represented victims of teachers, filing suit against the perpetrator himself and the school district.

Typically, plaintiffs in a lawsuit can seek monetary compensation for:

• Emotional distress
• Healthcare costs
• Pain and suffering
• Punitive damages

No amount of compensation can undo the harm that was wrongfully perpetrated against a child in the school setting. However, our civil court system allows for financial compensation as the remedy for these harms.

Often, survivors are reluctant to accuse their assailant. It may be years or even decades before they seek justice.

Courts and lawmakers have taken proactive steps to address this reality. Some jurisdictions have adjusted their statutes of limitations or created lookback laws to hold perpetrators accountable in civil or criminal sex abuse claims.

An attorney can help you determine applicable statutes of limitations for your jurisdiction.

Are schools liable for sex abuse by employees?

Yes, schools can be held liable for civil sex abuse cases involving teachers, volunteers, administrators or other staff members. Allowing situations where perpetrators can victimize students may expose the school or district to liability.

Do school sex abuse victims have to testify in court?

We understand that testifying may be re-traumatizing to survivors of sexual assault. In some cases, though, it might not be necessary to testify in civil court. Many civil lawsuits settle out of court without requiring victims to be in the courtroom with their abuser.

Other courts have recognized the concern with survivors testifying. They may allow survivors to testify by way of video, though that is the decision of each individual judge. The judge must decide how best to balance the competing interests of the survivor’s fear of testifying with the perpetrator’s right to a fair trial.

Motley Rice and its team of trauma-informed attorneys have extensive experience representing sexual abuse victims. They have litigated cases against globally recognized institutions such as the Catholic Church and the Boy Scouts of America.

Our team can put your mental and emotional health first while also protecting your privacy.

Read about our childhood sexual abuse litigation experience.